Accessible Unit Requirements for New North Dakota Rentals

Finding an accessible home is essential if you or a loved one have a disability. For renters in North Dakota, understanding accessible unit requirements in newly constructed buildings can help you know your rights and what to expect during your housing search.

Understanding Accessible Rental Units in North Dakota

Both federal and North Dakota law require certain accessibility features for rental housing built after March 13, 1991. This is particularly important if you use a wheelchair, need wider doors, or require other accommodations due to a disability. These standards aim to help renters access safe, usable, and barrier-free housing.

Which New Rental Buildings Are Covered?

• All newly constructed multifamily buildings (with 4 or more units) built for first occupancy after March 13, 1991, must meet specific accessibility standards.
• Ground floor units in walk-up buildings are included.
• All units in buildings with elevators must meet these accessibility requirements.

These rules apply regardless of whether federal funding is used, although government-subsidized housing may require additional features.

Core Accessibility Features Required

• Accessible entrances on an accessible route
• Accessible common areas (such as mailboxes and laundry rooms)
• Doors wide enough (at least 32 inches) for wheelchair passage
• Accessible routes into and through the dwelling
• Light switches, outlets, and controls at accessible heights
• Reinforced bathroom walls for later installation of grab bars
• Kitchens and bathrooms usable by people with mobility limitations

For more detail, see the U.S. Department of Justice – Fair Housing Act overview and the HUD Fair Housing Accessibility Guidelines.

Requesting Disability Accommodations in New Buildings

Even if a building meets the construction requirements, you may still need certain changes, called "reasonable accommodations" or "modifications." Some examples:

• Lowering counters or adjusting cabinet heights
• Adding grab bars in bathrooms
• Making door hardware easier to use

Renters with disabilities have the right to request these changes under the North Dakota Human Rights Act¹ and the federal Fair Housing Act.

How to Request an Accommodation: Forms and Action Steps

• North Dakota Human Rights Complaint Form (no official number)
  This form is used if you believe your request for an accessible unit or reasonable accommodation has not been properly handled. You submit it to the North Dakota Department of Labor and Human Rights.
  See the form and instructions here: File a Human Rights Complaint.
  Example: If your landlord refuses to let you install grab bars in your bathroom, you can file this form.
• HUD Discrimination Complaint Form 903
  This federal form is for reporting housing discrimination, including issues related to accessibility, to the U.S. Department of Housing and Urban Development (HUD).
  Access the form here: HUD Housing Discrimination Complaint Form.
  Example: If a new building advertises accessible units but denies your application due to your disability, use this form.

Enforcement and Oversight in North Dakota

In North Dakota, the Department of Labor and Human Rights oversees enforcement of anti-discrimination and accessibility laws in housing. You can file a formal complaint if you believe your rights have been violated.

For public or subsidized housing, you may also contact the U.S. Department of Housing and Urban Development (HUD) North Dakota office.

Relevant Legislation

• North Dakota Human Rights Act (ND Century Code ch. 14-02.4)
• Federal Fair Housing Amendments Act of 1988
• Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)

These laws protect your right to accessible housing and fair treatment as a renter.

FAQ: North Dakota Accessible Rental Units

1. What makes a rental unit "accessible" under North Dakota law?
   An accessible unit has barrier-free entry, wider doorways, reachable controls, reinforced bathrooms, and other design features to support people with mobility disabilities.
2. Does my landlord have to provide an accessible unit in an older building?
   Not usually. Accessibility requirements apply mainly to new construction after March 13, 1991. However, reasonable accommodation rules might still allow for certain modifications.
3. How do I file a complaint if I’m denied an accessible rental unit?
   You can file a complaint with the North Dakota Department of Labor and Human Rights or with HUD if you believe your rights were violated.
4. Can I request additional modifications to make my apartment more accessible?
   Yes. Renters can request reasonable modifications even in new buildings. These requests should be made in writing, and you may need to cover the cost.
5. Where can I get help if I have questions about accessibility?
   Contact the North Dakota Department of Labor and Human Rights for guidance or to start a complaint process.

Key Takeaways for Renters

• New North Dakota multifamily rentals must meet accessibility standards if built after 1991
• Renters can request reasonable modifications for added accessibility
• Help is available through state and federal agencies if your rights are not respected

Knowing these requirements can help increase your chances of finding a suitable, accessible home.

Need Help? Resources for Renters

• North Dakota Department of Labor and Human Rights – Main agency for rental and fair housing disputes, including accessibility.
• HUD North Dakota Field Office – For help with federal fair housing questions.
• North Dakota Legal Services – Assistance for low-income renters with disability or housing discrimination claims.
• ADA Information Line – Questions on disability rights in housing.

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1. North Dakota Human Rights Act (ND Century Code ch. 14-02.4)
2. U.S. Department of Justice – Fair Housing Act
3. HUD Fair Housing Accessibility Guidelines

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