Accessible Housing Requirements for New Construction in Indiana
Finding accessible housing is crucial for many renters in Indiana, especially those with disabilities. If you're seeking a new apartment or considering moving into a recently built rental, knowing Indiana’s accessibility requirements can help you understand your rights and what to expect from a landlord. This guide explains the main rules for accessible units in new construction, referencing state and federal law, so you can make informed choices and advocate for fair accommodations.
Who Is Protected and What Qualifies as New Construction?
Accessible housing rules apply to renters with physical, sensory, or other disabilities that affect daily activities. In Indiana, properties covered by accessibility rules include:
- Most new multifamily buildings with four or more units (built after March 13, 1991)
- Newly constructed rental apartments, townhomes, and some condominiums
- Public housing and other government-assisted rental units
These requirements stem mainly from the federal Fair Housing Act (FHA) and are enforced alongside Indiana’s own building codes.
Federal Fair Housing Act Standards in Indiana
The Fair Housing Act requires new multifamily buildings to include accessible features. In Indiana, new construction must have:
- Accessible routes into and through the building and individual units
- Doors and hallways wide enough for wheelchairs
- Accessible light switches, outlets, and environmental controls
- Reinforced bathroom walls for future grab bar installation
- Usable kitchens and bathrooms for people who use wheelchairs
Developers must follow design and construction standards. If you move into a newly built apartment and notice missing features, you can request changes or file a complaint.
Reasonable Modifications and Accommodations
Even if your building is not fully accessible, Indiana renters have the right to request reasonable modifications. A reasonable modification means a physical change (like installing a ramp or grab bars) that helps you access and enjoy your home. Under the Indiana Civil Rights Commission (ICRC) and federal law, landlords must allow these changes for renters with disabilities, at the renter’s expense unless the unit is government-funded.
To request a modification, you can fill out or write a reasonable accommodation/modification letter (sample forms are often available via the HUD website). Your request should explain the change needed and why it is necessary. For federally funded housing, see HUD's Reasonable Accommodation Information.
Official Forms and How to Use Them
-
Reasonable Accommodation/Modification Request Form (HUD 92878)
When and how: Use this form if you live in federally subsidized housing (like Section 8) and need your landlord to approve a physical change or modification. Attach supporting documentation from a qualified professional if needed.
Official source: HUD Reasonable Accommodation/Modification Request Form -
Housing Discrimination Complaint Form (HUD Form 903.1)
When and how: If your landlord refuses to follow accessibility or reasonable accommodation requests in a new Indiana building, fill out this form to file a complaint with HUD or the ICRC.
Official source: Submit a Fair Housing Discrimination Complaint -
Indiana Civil Rights Complaint Intake Form
When and how: For state-level complaints about housing discrimination or barriers in new construction, submit this form to the Indiana Civil Rights Commission.
Official source: File a Housing Complaint with ICRC
Filing the right form helps make your case clearer and ensures it reaches the right authority.
Who Handles Tenant Rights and Accessibility Complaints?
If you believe your landlord is violating accessibility rules or refusing a reasonable accommodation, you can contact:
- Indiana Civil Rights Commission (ICRC) – handles state housing discrimination complaints
- U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity (FHEO) – manages federal fair housing complaints
The ICRC is Indiana’s official body for landlord-tenant discrimination and accessibility disputes. They enforce state law and conduct investigations when complaints are filed.
Relevant Legislation and Building Codes
Key laws for accessible unit requirements in Indiana are:
- Federal Fair Housing Act (42 U.S.C. § 3604)
- Indiana Fair Housing Act (IC 22-9.5)
- Indiana Building Code – includes accessibility requirements for new multifamily dwellings
These resources outline the minimum requirements and provide more details on accessible design and renters' legal protections.
FAQ: Indiana Accessible Units in New Construction
- Do all new apartment buildings in Indiana have to provide accessible units?
Most new multifamily buildings with four or more units are required to meet federal and state accessibility standards, but smaller buildings may be exempt. - How do I request an accessibility modification in my rental?
Submit a written request to your landlord explaining your disability and the specific modification needed. Use the official HUD or state forms linked above when applicable. - Can my landlord refuse my modification request?
Landlords can only refuse if your request is unreasonable or would create undue financial and administrative burden. By law, most reasonable modifications must be allowed for qualified renters. - What can I do if my landlord denies my request or lacks required features?
You can file a complaint with the Indiana Civil Rights Commission or HUD using the forms above. Both agencies investigate discrimination and accessibility complaints. - Is financial assistance available for making accessibility modifications?
Some government programs may provide grants or loans to help pay for modifications, especially in subsidized or public housing.
Key Takeaways for Indiana Renters
- New multifamily residential construction in Indiana must comply with accessibility laws.
- You can request reasonable modifications, and landlords generally must cooperate.
- File a complaint with the Indiana Civil Rights Commission if your rights are denied.
Understanding these protections can help you advocate for your needs and find a comfortable, accessible home.
Need Help? Resources for Renters
- Indiana Civil Rights Commission (ICRC): Official agency for housing discrimination and accessibility complaints.
Phone: 1-800-628-2909 - HUD Fair Housing Complaint Process: Federal reporting and information resource.
- Indiana Attorney General Consumer Protection Division: Can mediate rental disputes and provide legal information.
- Indiana Legal Services – Housing Unit: Free legal help for qualifying renters dealing with accessibility and discrimination issues.
- See 42 U.S.C. § 3604 – Federal Fair Housing Act
- See Indiana Fair Housing Act, IC 22-9.5
- See Indiana Building Code
- See HUD Reasonable Accommodations & Modifications
- See Indiana Civil Rights Commission (ICRC)
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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