Tennessee Accessible Apartment Rules for New Construction

Finding accessible rental housing is a key concern for many Tennesseans with disabilities. If you're searching for a new apartment or facing issues with accommodations, it's important to know what the law requires. This guide covers accessible unit requirements in new rental construction in Tennessee, so you can better understand your rights and options.

Understanding Accessible Housing in New Construction

Accessible units are apartments designed or modified to be usable by people with disabilities. Federal and state laws set requirements for how many accessible units must be included in new buildings and what accessibility features these units must have.

Which Laws Apply in Tennessee?

• Federal Fair Housing Act (FHA): Requires new multifamily buildings with 4 or more units, built after March 13, 1991, to meet certain accessibility standards (see Fair Housing Act details).
• Americans with Disabilities Act (ADA): Applies to public/common areas of apartment buildings, but not to individual apartments unless they are operated as public housing.
• Tennessee law: Adopts and enforces these federal standards through building codes and fair housing rules. The Tennessee Human Rights Commission provides oversight.

What Are the Federal Accessibility Requirements?

Under the federal Fair Housing Act, covered new buildings must ensure:

• Accessible building entrances on an accessible route
• Accessible common and public areas
• Doors wide enough for wheelchairs throughout the unit
• Accessible routes into and through each dwelling
• Environmental controls (such as light switches and thermostats) in reachable locations
• Reinforced bathroom walls to allow installation of grab bars
• Kitchens and bathrooms usable by people with mobility impairments

These rules apply to ground floor units in non-elevator buildings and all units in elevator buildings. For full details, see the official Fair Housing Accessibility Guidelines.

Are Tennessee's Rules Different?

Tennessee primarily enforces federal accessibility standards but may have stricter requirements for certain public or subsidized housing projects. Municipalities can set their own building codes, but they cannot provide fewer protections than federal law. For more guidance, visit the Tennessee Human Rights Commission's Fair Housing page.

How Many Accessible Units Must Be Built?

• For buildings with 4 or more apartments, all ground floor units (if there's no elevator) or all units (if there is an elevator) must be accessible or adaptable for wheelchair users.

Adaptable means that the apartment can be quickly modified for accessibility needs if a renter requests changes, such as installing grab bars or lowering cabinets.

Making a Request for Accommodation in Tennessee

If you have a disability and need an accessible feature, you have the right to request it—even if your building is not required to have a fully accessible unit by default. Landlords must provide reasonable accommodations unless it would cause an undue hardship.

Using the Reasonable Accommodation Request Form

• Form Name: Reasonable Accommodation Request Form (no standard state form number)
• How to use: Submit this form to your landlord or property manager, describing your disability-related need and the modification or accommodation you require. For example, you might request a ramp, grab bars, or adjustments to entry doors. This process is protected under the Fair Housing Act.
• Download a sample Reasonable Accommodation Request Form from HUD.

Your landlord must respond promptly and cannot charge extra fees for allowing reasonable modifications, though you may be required to restore altered features when you move out.

Tennessee Tenant-Landlord Oversight

• The official authority for residential tenancy complaints in Tennessee is the Tennessee Human Rights Commission (THRC).

THRC oversees housing discrimination complaints, including issues related to accessibility and reasonable accommodations.

Relevant Tennessee Housing Legislation

• Tennessee Human Rights Act
• Federal Fair Housing Act (Title VIII of Civil Rights Act of 1968)

The Tennessee Human Rights Act prohibits discrimination based on disability and requires reasonable accommodations in accordance with federal guidelines.¹

FAQ: Accessible Housing in Tennessee

1. How do I request an accessible unit or accommodation in a new rental building?
   Complete a Reasonable Accommodation Request (see link above), submit it to your landlord, and explain your needs. Your landlord must review your request and provide a response within a reasonable time.
2. What if my landlord refuses my request for an accessible feature?
   You should contact the Tennessee Human Rights Commission or HUD to file a fair housing complaint. Both agencies investigate housing discrimination allegations.
3. Are all new apartment buildings in Tennessee required to have accessible units?
   No, only buildings with 4 or more units built after 1991 are covered by the Fair Housing Act's accessibility rules. However, landlords may still have to accommodate requests in smaller or older buildings when reasonable.
4. What features must be in an "accessible" unit?
   Accessible units have entrances without steps, widened doors, accessible kitchens and bathrooms, and other features described under federal guidelines. For full details, see the HUD Accessibility Guidelines.
5. Is there a cost to request an accommodation?
   No, your landlord cannot charge extra rent or fees for making reasonable accommodations or modifications. (You may be responsible for restoring certain changes when moving out.)

Conclusion: Key Takeaways

• New rental buildings in Tennessee with 4+ units must follow federal accessibility standards for ground-floor (or all, in elevator buildings) units.
• Tenants with disabilities have the right to request reasonable modifications or accommodations. Use official forms and follow a documented process.
• The Tennessee Human Rights Commission is your key agency for help if your rights are violated.

Accessible housing in Tennessee relies on both federal and state laws. If you have concerns about your rights as a renter, review the official guidelines and reach out for assistance from state or federal housing resources.

Need Help? Resources for Renters

• File a Fair Housing Complaint with the Tennessee Human Rights Commission
• THRC Fair Housing Information for Renters
• HUD Fair Housing Complaint Process
• Local legal aid offices can help you fill out forms, prepare documentation, or connect with disability advocacy groups in your area.

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1. Tennessee Human Rights Act (2023); Federal Fair Housing Act Overview

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