Kentucky New Construction: Accessibility Rules for Renters

If you are a renter in Kentucky and need an accessible apartment, understanding the requirements for accessible units in new construction is key to protecting your rights. Kentucky follows federal and state laws to ensure new rental buildings are accessible for tenants with disabilities. Here, we explain what landlords must provide, how you can request accommodations, and what steps to take if your needs are not met.

Accessibility Requirements for New Apartment Buildings in Kentucky

When a rental building is constructed in Kentucky, certain apartments and common areas must meet accessibility standards so people with disabilities can safely and comfortably live there.

Which Buildings Must Comply?

Under the federal Fair Housing Act (FHA), any residential building built after March 13, 1991, with four or more units, must have certain accessible features in all ground floor units, and in all units if the building has an elevator.^[1] In Kentucky, these rules apply to both market-rate and affordable housing rentals.

• Buildings with no elevator: Only ground-floor units must be accessible.
• Buildings with an elevator: ALL units must be accessible.

Key Accessibility Features Required

• Accessible building entrance on a route without steps or steep slopes
• Accessible common and public use areas (lobbies, mail, laundry, etc.)
• Doors wide enough for wheelchairs (at least 32" clear width)
• Usable kitchens and bathrooms so someone in a wheelchair can navigate and use appliances, sinks, and counters
• Reinforced bathroom walls so grab bars can be installed
• Accessible light switches, outlets, and climate controls (at reachable heights)

These requirements are set out in the Fair Housing Act design and construction standards. Kentucky implements these federal requirements statewide.

How to Request a Reasonable Accommodation

If you have a disability and need your unit modified beyond the basic accessible features, you have the right to request a reasonable accommodation under both federal and Kentucky law.

• Examples: Lowering counters, installing additional grab bars, or widening a door into a bedroom.
• The request must be reasonable and related to your disability.
• Your landlord must consider your request, but can propose reasonable alternatives if your original request is too difficult or expensive.

To make your request, you can use the Reasonable Accommodation Request Form provided by the Kentucky Human Rights Commission. This helps document your request.

• Form name: Reasonable Accommodation Request Form (no official number)
• When to use: When you need a change or modification to your rental unit or building due to a disability.
• How to use: Fill out the form with your details and the changes you need, then provide it to your landlord. You do not need to disclose your specific diagnosis—just the functional needs related to your request.
• Download the Reasonable Accommodation Request Form (Kentucky Human Rights Commission)

Filing a Complaint for Non-Compliance

If your rental unit does not meet accessibility requirements or your accommodation request is denied, you can make a formal complaint.

• Tribunal/Agency: The Kentucky Human Rights Commission (KHRC) enforces housing discrimination and accessibility complaints for renters. Visit the KHRC official website
• Form name: Housing Discrimination Complaint Form
• When to use: If you believe your landlord has not met accessibility obligations or has refused a reasonable accommodation without good reason.
• How to use: Complete the form and submit it online, by email, or via mail. The KHRC will contact you for more details, then investigate your claim.
• Access the Housing Discrimination Complaint Form

Kentucky’s main rental law is the Kentucky Revised Statutes, Chapter 381 – Landlord and Tenant Act. While this chapter covers general rental duties, accessibility requirements primarily come from federal law, which Kentucky enforces through the Human Rights Commission.^[2]

Frequently Asked Questions

1. What makes a unit 'accessible' under Kentucky law?
   An accessible unit must comply with federal Fair Housing Act guidelines—features include entrances without steps, wider doorways, accessible bathrooms and kitchens, and reinforced walls for grab bars in new buildings with four or more units built after 1991.
2. Can a landlord charge extra for an accessible apartment?
   No. Kentucky landlords cannot charge higher rent or extra deposits just because a unit is accessible or a reasonable accommodation is approved.
3. Do all apartments in a new Kentucky building have to be accessible?
   In buildings with elevators, all new units must be accessible. In buildings without elevators, only ground floor units need to comply.
4. How do I prove I need a disability-related accommodation?
   You may need to submit a request form and, if asked, a note from a healthcare provider explaining how your request relates to your disability. You do not have to reveal your specific medical diagnosis.
5. What if my landlord doesn't respond to my accommodation request?
   If your landlord doesn’t respond within a reasonable period or denies your request without valid reason, you can file a complaint with the Kentucky Human Rights Commission.

Key Takeaways

• New apartment buildings in Kentucky must provide accessible units and features in compliance with federal law.
• Reasonable accommodation requests help renters with disabilities get changes suited to their needs. Use the official forms for documentation.
• If accessibility needs are not met, file a complaint with the Kentucky Human Rights Commission.

Need Help? Resources for Renters

• Kentucky Human Rights Commission: Handles fair housing and accessibility complaints. Call 1-800-292-5566 for assistance.
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing: Federal fair housing info and complaint filing options.
• Kentucky Revised Statutes, Chapter 381 – Landlord and Tenant Act: State legislation covering rental rights and obligations.
• Kentucky Housing Corporation: Resources for Renters: Rental assistance and tenant support programs.

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1. See HUD's Fair Housing Accessibility Guidelines for full details.
2. Refer to the Kentucky Revised Statutes, Chapter 381 – Landlord and Tenant Act for general landlord and tenant obligations.

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