Accessible Unit Rules for New Nebraska Apartments

Nebraska renters with disabilities have important protections ensuring equal access to housing. If you’re looking for a newly built apartment, specific state and federal laws require certain numbers of accessible and adaptable units. Here’s what renters should know about accessibility, your rights, and what steps to take if your home or building does not meet these standards.

Understanding Accessibility in New Construction

Both federal and Nebraska laws require that new apartment buildings offer a certain number of accessible units. Accessibility means these homes are designed for use by people with physical, sensory, or other disabilities. Requirements generally apply to buildings designed for first occupancy after March 13, 1991, and with four or more units.

Main Legal Protections

• Federal Fair Housing Act (FHA) – Prohibits housing discrimination and sets standards for accessibility features in new multi-family buildings.
• Nebraska Fair Housing Act – Mirrors many FHA protections and applies these rules to most Nebraska rental housing.

Renters with disabilities also have rights under the Americans with Disabilities Act (ADA) in public-use areas of apartment complexes.

What Must Be Accessible in New Nebraska Apartments?

Section 20-317 of the Nebraska Fair Housing Act[1] requires newly constructed apartment buildings with four or more units to include key accessible features in all ground-floor units (and all units served by an elevator). These features include:

• Accessible routes into and within the unit
• Doorways wide enough for wheelchairs (at least 32 inches clear width)
• Accessible light switches and outlets
• Reinforced bathroom walls for future grab bars
• Usable kitchens and bathrooms for wheelchair access

In buildings without elevators, only ground floor units must include these features. If the building has an elevator, all units must comply.

How Many Accessible Units Are Required?

• All ground-floor apartments in buildings with four or more units must be accessible or adaptable.
• If a building has an elevator, every apartment must meet these guidelines.

Some properties offer fully accessible units, while others are "adaptable"—meaning certain features (like grab bars) can be added as needed.

Your Rights: Requesting Modifications or Accommodations

If your apartment does not meet your accessibility needs, you have the right to request a reasonable modification or accommodation. A “modification” is a physical change to your rental unit (like adding grab bars), while an “accommodation” is a change in rules or policies (such as allowing a service animal).

Official Nebraska Forms for Discrimination or Accessibility Issues

• Nebraska Equal Opportunity Commission (NEOC) Housing Discrimination Complaint Form
  NEOC Complaint Form
  When to use: If you believe your landlord failed to provide an accessible unit or denied a reasonable accommodation, file this form with the NEOC.
  Example: A renter uses a wheelchair and finds that none of the ground-floor units in a new building are accessible. They file a complaint with NEOC using this form.

How to File a Complaint

• Download or complete the NEOC Housing Discrimination Complaint Form.
• Provide details about the accessibility issue and any attempts to resolve it with your landlord.
• Submit the complaint online, by mail, or in person as guided on the NEOC website.

Who Oversees Nebraska Apartment Accessibility?

The Nebraska Equal Opportunity Commission (NEOC) is the official agency handling fair housing complaints, including accessibility for renters.

Relevant Nebraska Tenancy Legislation

• Nebraska Fair Housing Act, Section 20-317
• Nebraska Uniform Residential Landlord and Tenant Act

These laws protect renters from discrimination and outline building accessibility requirements.

FAQ: Nebraska Accessible Units in New Construction

1. Are all new Nebraska apartments required to be accessible?
   No. Accessibility rules apply to new buildings with four or more units; all ground floor units (or all units in elevator buildings) must be accessible or adaptable.
2. What if my new apartment lacks basic accessible features?
   You can request reasonable modifications, and if denied, file a complaint with the NEOC using their Housing Discrimination Complaint Form.
3. Do accessible units cost more to rent?
   No. Charging higher rent for accessibility features is not allowed under fair housing laws.
4. Is there a deadline for filing a fair housing complaint?
   Yes. In general, you must file within one year of the alleged discrimination or accessibility problem.
5. Where can I find the accessibility law for Nebraska?
   You can read the official text at the Nebraska Fair Housing Act, Section 20-317.

Key Takeaways for Nebraska Renters

• Most new apartment buildings in Nebraska must include accessible ground-floor units, or all units if there's an elevator.
• If you need modifications for accessibility, you can request them and file a complaint if denied.
• The Nebraska Equal Opportunity Commission protects your rights and handles complaints about accessibility and discrimination.

Knowing your rights ensures you have equal access to safe and comfortable housing.

Need Help? Resources for Renters

• Nebraska Equal Opportunity Commission (NEOC) – File discrimination or accessibility complaints, get help with forms and procedures.
• Nebraska Department of Health and Human Services – Disability Services – Supports for renters with disabilities.
• U.S. Department of Housing and Urban Development: Nebraska – Education and additional complaint resources.

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1. Nebraska Fair Housing Act, Section 20-317
2. Federal Fair Housing Act
3. Nebraska Uniform Residential Landlord and Tenant Act

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