Washington Renters: Accessible Units in New Buildings

Finding accessible rental housing is essential for many Washington renters with disabilities. If you’re looking at new apartment buildings or recently constructed rentals, you’re protected by both federal and state laws that ensure some units are accessible and that reasonable accommodations are available. This guide explains what accessible unit requirements apply to new construction in Washington, how you can request modifications, and what steps to take if your rights aren’t respected.

What Is Considered an Accessible Unit?

An accessible unit is a rental home designed or modified so that a person with a disability can use it safely and independently. Features can include:

• Step-free entryways and common areas
• Wider doorways and hallways for wheelchair access
• Accessible kitchen and bathroom layouts with grab bars and lower counters
• Elevators in multi-story buildings

In new construction, these features are not optional—they’re required by law for certain numbers of units.

Laws Governing Accessibility in Washington Rental Housing

There are two key laws protecting accessibility in new rental housing in Washington:

• Federal Fair Housing Act (FHA): Requires accessible features in covered multifamily dwellings built after March 13, 1991¹.
• Washington Law Against Discrimination (WLAD): Adds further accessibility and anti-discrimination protections at the state level².

Together, these laws ensure new multifamily properties meet both federal and state accessibility standards for renters.

Requirements for Accessible Units in New Construction

• Applies to buildings with 4 or more units built after March 13, 1991.
• All ground-floor units (or all units in elevator buildings) must meet certain federal accessibility guidelines.
• At least 5% of units in HUD-funded developments must be fully accessible, and 2% must be accessible for hearing/vision impairments³.
• Common areas (lobbies, laundry rooms, mail areas, parking) must be accessible.
• Doorways, kitchens, and bathrooms must be usable by people with mobility challenges.

Requesting a Reasonable Accommodation or Modification

If you need changes to make your unit accessible (like grab bars or a ramp), federal and Washington law require landlords to make reasonable accommodations. Usually, the tenant requests and pays for physical modifications, but some assistance may be available for subsidized housing.

• Submit a written request to your landlord explaining your need.
• Use forms from the Washington State Human Rights Commission if needed.

The Reasonable Accommodation Request Form (no standard state form number) can help start this process.

Action Steps to Address Accessibility Issues

• Document your accessibility needs in writing.
• Request reasonable accommodation or modification from your landlord.
• If denied, file a complaint with the Human Rights Commission or HUD.

The overseeing tribunal for residential tenancies in Washington is the Washington State Courts, which can hear landlord-tenant disputes. For discrimination or accessibility issues, the Human Rights Commission is the primary agency.

Related Forms and How to Use Them

• Reasonable Accommodation Request Form (no standard form number)
  • When to use: If you need your unit modified for accessibility (e.g., a ramp or grab bars).
  • How: Fill out the request and send it to your landlord by email or certified mail. Provide medical proof if asked.
  • See the Washington State Human Rights Commission's guidance
• Fair Housing Discrimination Complaint Form (WSHRC online or printable form)
  • When to use: If you believe your landlord is not following accessibility requirements or has denied your lawful accommodation request.
  • How: Submit the complaint online or use the printable PDF. Required details include your name, address, landlord’s details, and a description of the issue.
  • File a complaint with the Washington State Human Rights Commission

Frequently Asked Questions

1. How many accessible apartments must new buildings provide in Washington?
   All ground-floor apartments in non-elevator buildings, and all units in elevator buildings, must have basic accessibility features under federal law. In subsidized properties, at least 5% of units must be fully accessible, plus 2% for hearing/vision disabilities.
2. Can I ask my landlord to make my rental more accessible?
   Yes. You have the right to request reasonable accommodations or modifications, such as grab bars or ramps, even if your building isn’t newly built.
3. Who do I contact if my request for an accessible unit or modification is denied?
   The Washington State Human Rights Commission handles complaints about disability discrimination and accessibility in housing.
4. Are there special forms for requesting accessibility changes?
   There is no single required form, but the Human Rights Commission recommends a written Reasonable Accommodation Request. You can also use their guidance and sample letters.
5. Which law gives me the right to an accessible apartment as a renter in Washington?
   Both the Fair Housing Act and the Washington Law Against Discrimination protect your right to accessible housing and reasonable accommodation.

Key Takeaways for Washington Renters

• New multifamily buildings in Washington must provide accessible units and common spaces.
• You can request reasonable accommodations or modifications for accessibility—use written requests and keep copies.
• If you believe your rights aren’t being respected, agencies like the Washington State Human Rights Commission can help.

Knowing these rules helps you advocate for yourself and understand your rights regarding accessible housing in Washington.

Need Help? Resources for Renters

• Washington State Human Rights Commission – Fair Housing: File discrimination complaints, review rights, and get guidance on reasonable accommodations.
• Washington State Courts: For landlord-tenant disputes outside of disability access.
• U.S. Department of Housing and Urban Development: Accessibility Requirements Overview
• HUD Fair Housing Complaint Portal: National-level complaint support.

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1. Fair Housing Act (42 U.S.C. § 3601 et seq.)
2. Washington Law Against Discrimination (RCW 49.60)
3. HUD Accessibility Requirements for Multifamily Housing

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