Illinois Accessible Housing: ADA & New Construction Requirements

If you’re searching for a rental in Illinois and need accommodations due to a disability, understanding the accessible unit requirements in new rental construction is essential. Illinois law, along with federal standards, protects renters’ rights to accessible housing—ensuring new buildings create environments where everyone can live safely and independently.

What is an Accessible Unit in Illinois?

Accessible units are apartments or homes designed to be usable by people with disabilities. This might include features like step-free entrances, wider doorways, reachable controls, and adapted bathrooms. In Illinois, both state and federal laws set standards for how many units must be accessible in new developments.

Laws Governing Accessibility in New Rentals

• Federal Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq.: Requires most multifamily buildings (4+ units, built after March 13, 1991) to include accessible features in ground floor units.
• Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.: Applies mainly to areas open to the public in residential settings (like leasing offices), but affects design requirements for accessibility.
• Illinois Accessibility Code (IAC, 71 Ill. Adm. Code 400): State rules for accessibility in new construction and substantial renovations.

For an overview of obligations, visit the Illinois Accessibility Code resource page and the U.S. Department of Housing and Urban Development (HUD): Disability Rights page.

What Are the Accessibility Requirements for New Construction?

• Covered buildings: All new multifamily buildings of four or more units (with at least one elevator) built after March 13, 1991, or without elevator, all ground floor units.
• Design standards:
  • Accessible entrances to each covered unit
  • Accessible routes into and through the apartment
  • Accessible light switches, outlets, and thermostats
  • Reinforced bathroom walls for grab bars
  • Kitchens and bathrooms usable by wheelchair users
• Illinois-specific rules: The Illinois Accessibility Code (IAC) often tracks the federal standards but may add stricter requirements for state-funded or public buildings. Always check with your local building department.

These requirements are meant to guarantee that renters with mobility, sensory, or cognitive disabilities are not unfairly excluded from new housing opportunities.

Requesting Reasonable Modifications or Accommodations

If a unit is not fully accessible or you require further changes, you have the right to request a reasonable accommodation (policy/lease change) or a reasonable modification (physical unit change) under Illinois and federal law.

• Examples include installing grab bars, ramps, or using a service animal.
• Landlords must allow reasonable modifications, but in most private housing, you may have to pay for the changes (except for state- or federally-assisted housing).

How to Make a Request

You don't need a special form to make a reasonable accommodation or modification request, but having your request in writing is always best. You may use the:

• Reasonable Accommodation/Modification Request Form (Sample): Use this form to clearly state what accessibility aid or policy change you need, along with a brief explanation. Forms are available from the Illinois Department of Human Rights (IDHR) and HUD.
  • When to use: If you need to request installation of a ramp, different parking, or other adaptations to your unit.
  • How: Submit to your landlord or property manager, keep a copy for your records.
  • Official example: HUD Sample Reasonable Accommodation Form

If Your Rights Are Violated: Filing a Complaint

If you believe your right to an accessible unit has been denied or your landlord will not permit needed modifications, you can file a complaint.

• Illinois Department of Human Rights (IDHR): Handles state and federal fair housing complaints. Submit their Housing Discrimination Complaint Form.
• U.S. Department of Housing and Urban Development (HUD): Use the HUD Online Housing Discrimination Complaint Form to start a federal fair housing claim.

Both of these are straightforward forms—you'll explain what accommodation was denied, and provide supporting information. After submission, an investigator will be assigned to your case.

Illinois Agency for Residential Rental Disputes

If you have disputes beyond accessibility, the Illinois Human Rights Commission is the official tribunal for housing discrimination and can provide legal remedies. The Illinois Residential Landlord and Tenant Act (765 ILCS 705/1 et seq.) also outlines your broader rental rights. For official tenant rights information, visit the IDHR and refer to the Illinois Residential Landlord and Tenant Act.

Tip: If you ever need help filling out a complaint, organizations like the IDHR can offer free guidance by phone or email.

Frequently Asked Questions

1. Are all new apartment buildings in Illinois required to have accessible units?
   Most new multifamily buildings of four or more units must have accessible features in ground floor or elevator-served units under federal and Illinois law.
2. What should I do if I need a ramp or grab bars in my new rental?
   Submit a written request (like a Reasonable Accommodation/Modification Request Form) to your landlord. They must allow reasonable changes for accessibility needs.
3. Does my landlord have to pay for accessibility modifications?
   For private rentals, you may pay for physical modifications, but state or federally funded housing may cover these costs. Always check your lease and funding source.
4. Where can I file a complaint if I'm denied an accessible unit?
   You can file with the Illinois Department of Human Rights or HUD using their online forms.
5. What legislation protects my right to an accessible rental in Illinois?
   The federal Fair Housing Act, ADA, and the Illinois Accessibility Code protect your right to accessible rental housing.

Key Takeaways for Illinois Renters

• Newly built rentals in Illinois must provide accessible units and features as required by law.
• You have the right to request reasonable modifications or accommodations for your disability needs.
• If your rights are denied, state and federal agencies can investigate and resolve your complaint.

Understanding your rights helps ensure your home is safe and accessible for your needs.

Need Help? Resources for Renters

• Illinois Department of Human Rights (IDHR) – Statewide agency for fair housing issues and accessibility disputes.
• HUD: Disability Rights in Housing – Learn your federal rights and file a complaint online.
• Illinois Residential Landlord and Tenant Act (765 ILCS 705) – Official state legislation for rental rights.
• Illinois Accessibility Code Information – Details on design standards for accessible units.
• Illinois Human Rights Commission – Tribunal for housing discrimination cases.

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1. U.S. Department of Housing and Urban Development. Disability Rights in Housing
2. Illinois Administrative Code. Illinois Accessibility Code (71 Ill. Adm. Code 400)
3. Illinois General Assembly. Illinois Residential Landlord and Tenant Act (765 ILCS 705)
4. Illinois Department of Human Rights. How to File a Housing Discrimination Complaint
5. HUD. Sample Reasonable Accommodation/Modification Request Form

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