Maryland Accessible Apartment Requirements in New Buildings

Maryland renters who require accessible housing may be wondering what legal standards apply to new apartment or rental buildings. If you or a loved one needs disability accommodations, it's important to know what the law requires, what forms exist, and where to get help if you believe your rights are not being met.

What Are Accessible Units in Maryland New Construction?

Accessible units are apartments designed for people with mobility, auditory, or visual disabilities. In Maryland, both federal and state laws set standards builders and landlords must follow for new multifamily buildings with four or more units constructed after March 13, 1991.

• At least some units must be accessible to tenants with disabilities, which means features such as step-free entryways, wider doors, accessible bathrooms, and reachable controls.
• The law covers rentals in apartments, townhouses, and condominiums intended for residential use.

Key standards in Maryland come from:

• The federal Fair Housing Act
• The Maryland Fair Housing Act
• State building codes referencing the Maryland Accessibility Code

How Many Accessible Units Must Be Provided?

For buildings with four or more units built after 1991, the law requires:

• All ground floor units in walk-up buildings are "covered units" and must comply
• In elevator buildings, all units must meet the accessible requirements
• These units may already be available or must be made accessible if requested

Accessible requirements include features such as:

• No steps at entrances
• Accessible routes into and within units
• Reinforced bathroom walls (for grab bars)
• Accessible environmental controls (light switches, thermostats, outlets)
• Kitchens and bathrooms usable by people in wheelchairs

See details in the 2010 ADA Standards for Accessible Design as referenced by Maryland Code.

Your Rights as a Maryland Renter

Landlords and property managers cannot deny rental or make housing unavailable to a person with a disability due to accessibility needs. You also have the right to request reasonable modifications or accommodations at your expense, but in new buildings, many modifications should already be in place.

Relevant Forms for Requests and Complaints

• Maryland Commission on Civil Rights (MCCR) Housing Discrimination Complaint Form
  • Use this form if you believe you've been denied an accessible unit or accommodation in housing.
  • Find the official PDF and online form at Maryland's Housing Complaint Intake.
  • Example: If a property manager refuses to allow a wheelchair ramp or does not offer an accessible unit in new construction, complete this form to begin an investigation.
• Reasonable Accommodation/Modification Request Letter
  • While Maryland does not mandate a specific form, renters can submit a written request to their landlord describing what accommodation or modification is needed.
  • Template letters can be found via HUD's Reasonable Accommodation guidance.
  • Example: A renter requests grab bars installed in a bathroom of a new unit for safety.

Which Tribunal Handles Rental Housing Disputes?

The Maryland Commission on Civil Rights (MCCR) handles discrimination and accessibility complaints. For issues like repairs or building complaints unrelated to discrimination, renters can also contact the local city or county housing code enforcement office.

What Laws Protect My Rights?

Maryland renters are protected under:

• 42 U.S.C. § 3604 – Federal Fair Housing Act
• Maryland Code, State Government § 20-705 – Fair Housing Law
• State accessibility laws and building codes

These laws require newly constructed rental buildings to include accessible units and guarantee renters' rights to accommodations.

FAQ: Accessible Units in Maryland New Construction

1. Who qualifies to rent an accessible unit in a Maryland new building?
   Anyone with a disability affecting mobility, sight, hearing, or similar needs may request and rent an accessible unit.
2. Can my landlord charge extra for an accessible unit?
   No. Under fair housing laws, it's unlawful to charge higher rent solely because a unit is accessible.
3. What should I do if accessible features are missing or blocked?
   You should make a written request to the landlord and, if not resolved, file a complaint with the Maryland Commission on Civil Rights.
4. Do I have to pay for accessibility features in a new building?
   No. By law, features required to be built into new buildings must be provided at no cost to the renter.
5. How do I request an accessible unit or modification?
   Submit a written request to the landlord describing your needs. If denied, use the official complaint forms noted above.

Conclusion: Key Takeaways

• New Maryland apartment buildings (4+ units) are required by law to offer accessible units.
• Renters cannot be charged more for these features and can file for accommodations or complaints.
• The Maryland Commission on Civil Rights is the primary agency for accessibility grievances.

Staying informed helps you secure and keep the accessible home you deserve.

Need Help? Resources for Renters

• Maryland Commission on Civil Rights (MCCR): File discrimination or accessibility complaints.
• Maryland Department of Housing & Community Development – Renters' Resources
• HUD Accessibility Guidance: National FAQ and support for accessibility requirements.
• Maryland Attorney General: Landlord-Tenant Rights

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1. U.S. Department of Justice: Fair Housing Act (civil rights)
2. Maryland Commission on Civil Rights: Disability and Housing Laws
3. Maryland Code, State Government § 20-705 – Fair Housing Law
4. Maryland Accessibility Code
5. Maryland Department of Housing & Community Development: Renters

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