Massachusetts New Construction: Accessible Unit Requirements Explained

Accessibility & Disability Accommodations Massachusetts published: June 21, 2025 Flag of Massachusetts

Renters in Massachusetts deserve safe and accessible housing that meets their needs. For those living with a disability, understanding the requirements for accessible units in newly constructed buildings is vital. This article breaks down state and federal accessibility rules, explains what landlords must provide, and guides renters navigating accessibility concerns.

Accessibility Laws for New Construction in Massachusetts

Both federal and state laws set standards for accessible housing:

In summary: Most apartment buildings constructed since the early 1990s must have a portion of units and common areas that are accessible to people with disabilities.

What Makes a Unit "Accessible"?

Accessible units must provide usable entry and living spaces for people with mobility, hearing, or visual disabilities. Key requirements often include:

  • Step-free entryway and doors wide enough for wheelchairs
  • Accessible light switches, outlets, and thermostats
  • Bathrooms and kitchens designed with clear floor space for maneuvering
  • Grab bars and reinforced walls in bathrooms
  • Accessible building entrances and routes to units and amenities

The Massachusetts code may require that larger buildings have a percentage of units that are “Group 2A” (fully accessible) and others that are “Group 1” (adaptable) for future accessibility modifications.[1]

How Many Accessible Units Are Required?

Massachusetts law usually requires:

  • At least 5% of units in new residential buildings (with 3+ units) be constructed as Group 2A accessible units
  • All other units (excluding townhouse-style housing) must be built as Group 1 adaptable units

Federal law has similar—but sometimes less strict—rules. State law generally sets the higher standard when the rules differ.

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Your Rights: Requesting Reasonable Modifications or Accommodations

If you need a modification (such as a ramp or grab bars), you may request this "reasonable accommodation" from your landlord. Landlords cannot refuse requests that are necessary, reasonable, and do not create an undue burden. In subsidized housing or if your building receives federal funding, the landlord may be required to pay for modifications.

It’s a good idea to make your accommodation request in writing and keep a copy for your records. You do not need to disclose your exact diagnosis, but you may be asked to provide documentation that you have a disability related to the request.

Official Accommodation Request Forms

If your request is denied or ignored, you can file a complaint with the Massachusetts Commission Against Discrimination (MCAD), the state agency handling tenant discrimination and accessibility complaints.

Enforcement and Filing a Complaint

If you believe a landlord has failed to comply with accessibility requirements, take these steps:

  • Document the issue with photos or notes
  • Submit a written complaint to the landlord with your request
  • If unresolved, file a formal complaint with the MCAD or the Architectural Access Board (AAB)

The Massachusetts laws about landlords and tenants provide additional context and protection for renters.[2]

Frequently Asked Questions

  1. Which agency enforces accessible housing rules in Massachusetts?
    The Massachusetts Commission Against Discrimination (MCAD) and the Architectural Access Board (AAB) enforce accessible housing requirements.
  2. How do I request an accessibility modification?
    Submit a written request (using the Reasonable Accommodation Request Form) to your landlord explaining your needs and supporting documentation.
  3. Does every new apartment building in Massachusetts have to include accessible units?
    Most new multi-unit residential buildings (3+ units) must include a percentage of accessible units, per state and federal law.
  4. What if my landlord says no to my accommodation request?
    You can file a complaint with MCAD or the AAB for further investigation and enforcement.
  5. Can I get help with legal issues about accessibility?
    Yes. Free and confidential help is available through renters’ resources and state agencies (see below).

Conclusion / Key Takeaways

  • Massachusetts law requires accessible units in new multi-unit rental buildings.
  • Renters have rights to reasonable modifications and can use official forms to request them.
  • State agencies like MCAD and AAB investigate complaints and help enforce your rights.

Understanding your accessible housing rights ensures you get the safe, usable home you need. Clear laws and strong support mean renters are not alone in securing accessibility.

Need Help? Resources for Renters

  1. See the Massachusetts State Building Code (780 CMR), Section 521 CMR for architectural access requirements.
  2. Refer to the Massachusetts General Laws Chapter 186 (Landlord and Tenant) for tenancy regulations.

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Bob Jones
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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