Virginia Accessible Unit Rules for New Rental Construction

Finding suitable and accessible housing is crucial for many Virginians with disabilities. If you're renting or searching for a home in newly built apartment buildings, it's important to understand your rights and what standards landlords must meet for accessibility in Virginia.

Understanding Accessibility Requirements in New Rental Buildings

Newly constructed multifamily rental buildings in Virginia are required by federal and state law to include accessible units for people with disabilities. These requirements help ensure equal housing opportunities for everyone, regardless of mobility or other impairments.

What Types of Buildings Must Have Accessible Units?

Accessibility standards usually apply to:

• All multifamily residential buildings with four or more units built after March 13, 1991
• Buildings with an elevator (all units must meet accessibility requirements)
• Ground-floor units in buildings without an elevator

These rules come from the federal Fair Housing Act and are also reflected in Virginia's Fair Housing Law.¹

What Features Must Accessible Units Include?

The law requires certain accessibility features in both common areas and inside dwelling units. These features include:

• No steps or barriers at building entrances and common areas
• Accessible routes into and through the unit
• Doors wide enough for wheelchairs (at least 32 inches wide)
• Environmental controls (e.g., thermostats, light switches) at accessible heights
• Reinforced walls in bathrooms for grab bars
• Sufficient kitchen and bathroom floor space for wheelchair use

You can read more about Virginia's housing accessibility in the state’s fair housing statute.¹

How to Request Reasonable Modifications or Accommodations

If you need additional changes to your rental unit beyond the minimum accessibility features (for example, a ramp or a shower seat), you have the right to request a "reasonable modification" from your landlord. Landlords generally must allow these changes, although you may have some responsibility for costs or restoring the unit when you move out.

The process usually involves notifying your landlord in writing and explaining your needs. Some properties may have specific forms; however, you can use the Virginia Fair Housing Complaint Form if you feel your request is denied without a valid reason.

Official Forms for Renters

• Virginia Fair Housing Complaint Form
  When to use: Use this form if you believe you have been denied access to an accessible unit or if your landlord refuses to allow reasonable modifications for your disability.
  Example: If your building does not have any accessible ground-floor units or refuses your request to install grab bars, you can submit this complaint.
  Download the Virginia Fair Housing Complaint Form (PDF)

Who Enforces Accessibility in Virginia Rentals?

The Virginia Fair Housing Board oversees fair housing complaints, including accessibility issues. They review complaints, investigate violations, and can require landlords to fix barriers or provide remedies.²

Reporting Accessibility Issues: Submitting a Complaint

If talks with your landlord break down, you have several steps to protect your rights. Below is a summary of the action you can take:

• Use the Virginia Fair Housing Complaint Form linked above
• Submit it to the Virginia Fair Housing Board
• Keep copies of any supporting documents (e.g., doctor’s notes, emails with your landlord)

For more on the process, consult Virginia Department of Professional and Occupational Regulation’s Fair Housing page.

Frequently Asked Questions (FAQ)

1. What legal protections do I have for accessible rental housing in Virginia?
   Both federal and Virginia's Fair Housing laws require new multifamily housing to include certain accessible units and features for renters with disabilities.
2. How do I know if my apartment building should have accessible units?
   If the building has four or more rental units and was built after March 13, 1991, accessibility requirements usually apply.
3. What if there are no available accessible units where I want to rent?
   If a landlord fails to provide required accessible units, you can file a complaint with the Virginia Fair Housing Board using the official form.
4. Can I ask for additional changes to make my unit more accessible?
   Yes. You have the right to request reasonable modifications, like installing grab bars, as long as they are necessary for your disability.
5. Who do I contact if my landlord refuses my accessibility request?
   Contact the Virginia Fair Housing Board, which handles complaints about accessibility and accommodation issues in rental housing.

Conclusion: Key Takeaways for Virginia Renters

• Most new multifamily buildings in Virginia must provide accessible rental units with required features.
• You have the right to request reasonable changes if the standard features are not enough for your needs.
• The Virginia Fair Housing Board enforces your rights; always document your communications and use official complaint forms if needed.

Understanding and using your rights can make a difference in finding or improving accessible rental housing.

Need Help? Resources for Renters

• Virginia Fair Housing Board – Handles official complaints about housing discrimination, accessibility, and fair housing rights.
• Virginia Department of Fair Housing Information – Explains state and federal fair housing rules in plain language.
• U.S. Department of Housing and Urban Development (HUD) – Virginia Office – Offers additional resources and complaint information.

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1. Virginia Fair Housing Law, VA Code Title 36, Chapter 5.1
2. Official website of the Virginia Fair Housing Board

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