North Carolina New Construction Accessible Unit Requirements

Renters looking for accessible housing in North Carolina benefit from state and federal protections. Understanding the exact requirements for accessible units in new construction can help you know what to expect and how to assert your rights as a tenant seeking disability accommodations.

Accessible Unit Requirements for New Construction in North Carolina

In North Carolina, both state and federal laws govern accessibility for new residential buildings. These requirements mainly apply to multi-family housing built after March 13, 1991. The federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) set out minimum design and construction standards for accessibility. North Carolina's building codes further enforce these requirements.

Which Properties Must Comply?

• New apartment complexes with four or more units built after March 13, 1991
• Condominiums and townhomes in buildings with four or more units (if any part is intended for residential use and no part is owner-occupied exclusively)
• Multi-story buildings with elevators: All units must be accessible/adaptable
• Multi-story buildings without elevators: Only ground-floor units must meet accessibility requirements

Single-family homes and duplexes are generally exempt from these requirements, though landlords must still consider reasonable accommodation/modification requests under both state and federal law.

Key Accessibility Features Required

• Accessible building entrances on accessible routes
• Accessible common and public use areas (lobbies, laundry rooms, mailrooms)
• Doors wide enough for wheelchairs
• Accessible routes throughout the unit
• Environmental controls (like light switches, thermostats) at reachable heights
• Reinforced bathroom walls for future grab bar installation
• Bathrooms and kitchens usable by wheelchair users

These requirements are enforced by the U.S. Department of Housing and Urban Development (HUD) and by state and local building code authorities.

Requesting Disability Accommodations in North Carolina Rentals

Renters have the right to request reasonable accommodations or modifications if current building features do not meet their needs. Landlords cannot deny housing because a tenant has a disability and must allow reasonable alterations at the tenant’s expense.

• Request modifications (e.g., installing grab bars, ramps)
• Ask for reasonable accommodations (e.g., reserved accessible parking, permission for a service animal)

Required Forms: Example and Action Steps

• Reasonable Accommodation/Modification Request Form (HUD Form 90100): Used when requesting changes to policy or unit structure for disability access. For example, a renter needing grab bars in the bathroom can submit this form to the landlord, outlining their request. View and download from HUD.

Always provide enough detail in your request and, if needed, include a letter from a healthcare provider explaining the necessity of the accommodation.

How Are Accessibility Complaints Handled?

If you believe a landlord or property manager is violating accessibility requirements, you can file a complaint with:

• U.S. Department of Housing and Urban Development (HUD)
• North Carolina Judicial Branch – Housing

The main tribunal that deals with residential tenancy issues in North Carolina is the North Carolina court system, where small claims court often hears disputes involving landlord-tenant matters.

Key North Carolina Legislation

• North Carolina General Statutes Chapter 42 – Landlord and Tenant
• Federal Fair Housing Act

If a landlord refuses to comply with accessibility requirements in new construction, you may have legal options. It's helpful to document all communications and seek assistance from a legal aid organization if needed.

Frequently Asked Questions: North Carolina Accessible Rental Units

1. Do all new apartment buildings in North Carolina have to provide accessible units?
   Not all, but any new building with four or more rental units built after March 13, 1991, must meet accessibility standards set by federal and state laws.
2. What should I do if my landlord refuses a reasonable accommodation request?
   You can file a fair housing complaint with HUD or contact the North Carolina court system for further assistance.
3. Are landlords required to pay for accessibility modifications?
   Landlords must allow reasonable modifications but aren’t usually required to pay unless public funds are involved or the law requires it for newly constructed units.
4. Do single-family rental homes need to follow accessibility laws?
   Single-family and owner-occupied dwellings are mostly exempt from design requirements, but landlords can’t discriminate and must consider reasonable modification requests.
5. How can I confirm that a new apartment meets accessibility standards?
   Request the building’s accessibility certification or consult the local building inspection office before signing a lease.

Key Takeaways for Renters in North Carolina

• Most new multi-family rental housing in North Carolina must meet federal and state accessibility laws.
• You have the right to request disability accommodations and modifications.
• If your needs are denied, you can file a complaint with HUD or the state court system.

Understanding your rights gives you the tools to advocate for safe and accessible housing.

Need Help? Resources for Renters

• North Carolina Housing Coalition – Info on affordable and accessible housing options
• North Carolina Judicial Branch: Housing Help Topics
• HUD Fair Housing and Equal Opportunity
• Fair Housing Project of Legal Aid of North Carolina

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1. Federal Fair Housing Act
2. North Carolina General Statutes – Chapter 42
3. HUD Fair Housing Complaint: File Online
4. North Carolina Judicial Branch: Housing
5. North Carolina Accessibility Code

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