Oregon Accessible Unit Rules in New Rental Construction

Many renters in Oregon are looking for homes that are accessible, especially if they live with disabilities. Understanding the legal requirements for accessible units in new construction can help ensure your rental meets your needs. This guide breaks down accessible unit requirements, your rights, and what to do if you have concerns.

What are Accessible Rental Units?

Accessible units are homes designed to allow people with disabilities to live independently and comfortably. Features typically include wide doorways, ramps, lower countertops, accessible bathrooms, and other design elements that remove barriers.

Oregon’s Accessible Unit Requirements for New Construction

In Oregon, new apartment buildings or multifamily dwellings must meet both federal and state standards for accessibility. These rules help ensure renters with disabilities have equal opportunities to find suitable housing.

Key Requirements for New Rental Buildings

• Federal Law: Under the Fair Housing Act (FHA), buildings with four or more units built after March 13, 1991, must have accessible features in ground floor units. Rules cover common areas, doors, kitchens, bathrooms, and environmental controls. Learn about Fair Housing Act design standards.
• Oregon State Law: Oregon law (see ORS Chapter 659A - Disability Rights) mirrors these federal requirements and sometimes imposes additional protections for accessibility.
• Building Codes: The Oregon Structural Specialty Code Chapter 11 specifies how new construction must provide accessibility, including the number of required accessible units based on building size.

Summary: Most new rental buildings in Oregon that have four or more units must include a certain number of accessible units and meet detailed design standards for doors, hallways, kitchens, and bathrooms.

Your Rights: Requesting Disability Accommodations

If you need a reasonable accommodation (such as grab bars, lever handles, or other modifications) due to a disability, both federal and Oregon law protect your right to request these changes from your landlord.

• You can ask for reasonable accommodations or modifications at any time during your tenancy.
• Landlords may request proof of disability, but cannot ask for excessive details.
• Repairs or installations should be completed promptly. Costs may be covered by the tenant or landlord depending on the situation and funding (such as Section 504 or public housing projects).

Official Forms for Accessibility Accommodation in Oregon

• Reasonable Accommodation or Modification Request Form
  Form number varies by housing authority or landlord, some use the Fair Housing Council of Oregon template.
  When to use: If you need to request a physical change (like a ramp, grab bars, or door handles) or a change in rules (like a service animal) due to your disability.
  How: Submit the completed form to your landlord or property manager. For an example template, visit the Oregon Housing and Community Services Reasonable Accommodation Form.
• Fair Housing Complaint Form (BOLI)
  Form number: WH-267
  When to use: If you believe your rights to accessible housing were denied or you face discrimination (e.g., refusal to make an accommodation).
  How: File with the Oregon Bureau of Labor and Industries (BOLI). Download the form at the official BOLI complaint instructions page.

Tip: Always submit requests in writing and keep copies for your records.

Enforcement and Where to File Complaints

In Oregon, the Oregon Bureau of Labor and Industries Civil Rights Division (BOLI) handles complaints about accessible housing and disability discrimination. If you experience issues, contact BOLI promptly for guidance or file a formal complaint.

What If a New Rental Doesn't Meet Accessibility Rules?

If you discover a new apartment building does not have the legally required accessible units or features:

• Document the issue (photos, notes, communication).
• Contact your landlord or property manager in writing about your concerns.
• If the problem is not addressed, consider filing a complaint with BOLI or HUD.

Quick summary: Oregon and federal law protect renters’ rights to accessible homes, and several agencies can help resolve concerns.

FAQs: Renters’ Questions About Accessible Units in Oregon

1. How many accessible units must a new apartment building in Oregon provide?
   At least all ground floor units in buildings with four or more units must meet accessibility requirements under the Fair Housing Act, and some buildings may need additional accessible features under state codes.
2. How do I request a reasonable accommodation or modification?
   Complete a Reasonable Accommodation or Modification Request form—available on your landlord’s or housing agency’s website—and submit it in writing with the required documentation.
3. What should I do if my landlord denies my accommodation request?
   You can file a complaint with the Oregon Bureau of Labor and Industries (BOLI) Civil Rights Division or the federal HUD office for further investigation.
4. Can my landlord charge me extra rent for an accessible unit?
   No. It is unlawful for landlords to charge more for accessible units or for a disability-related modification.
5. Which agency enforces accessible housing laws for renters in Oregon?
   The Oregon Bureau of Labor and Industries (BOLI) Civil Rights Division enforces state laws about accessible housing and disability discrimination.

Key Takeaways for Oregon Renters

• New rental buildings with four or more units in Oregon must meet strict accessible design standards.
• You have the right to request reasonable accommodations for disabilities—and forms are available from your landlord or state housing office.
• If your accessibility rights are not respected, contact BOLI or HUD for support.

Knowing your rights helps you advocate for the housing you need.

Need Help? Resources for Renters

• Oregon Bureau of Labor and Industries (BOLI) Civil Rights Division – For discrimination complaints and accessibility issues
• Oregon Housing and Community Services – Affordable rental resources, forms, and accessibility assistance
• HUD Fair Housing Complaint Process – Guidance on federal housing accessibility rights
• Fair Housing Council of Oregon – Education and support for renters facing accessibility barriers

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1. Fair Housing Act Accessibility Requirements (U.S. Department of Justice)
2. Oregon Revised Statutes Chapter 659A – Disability Rights
3. Oregon Building Codes Division – Accessibility Standards (Chapter 11)
4. Oregon Bureau of Labor and Industries Civil Rights Division
5. Reasonable Accommodation and Modification Request Form (OHCS)
6. BOLI Housing Discrimination Complaint Form (WH-267)

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