Accessible Apartment Laws for New Buildings in West Virginia

Accessibility & Disability Accommodations West Virginia published: June 21, 2025 Flag of West Virginia

Accessible housing is vital for many West Virginia renters with disabilities. Both federal and state laws set standards for accessibility in new rental buildings, helping ensure equal opportunity to access safe and comfortable homes. This article breaks down those requirements in clear, renter-friendly language and answers common questions about accessible units, forms, and your rights.

Understanding Accessible Unit Requirements in New Construction

When new apartment buildings or multifamily dwellings are constructed in West Virginia, specific rules determine how many—and what types—of units must be accessible for people with disabilities. These rules are designed to comply with the federal Fair Housing Act and Americans with Disabilities Act (ADA), as well as relevant state law.[1][2][3]

What Rental Properties Must Follow Accessibility Rules?

Most new multifamily residential buildings with four or more units constructed after March 13, 1991, must follow federal accessibility standards.[1] These include:

  • Apartments
  • Condominiums
  • Townhouses if there are four or more units and an elevator

Single-family homes, duplexes, or rental properties built before 1991 are generally not required to meet these specified standards, but reasonable accommodations might still be required in some situations.

What Features Must Accessible Units Have?

For newly built apartments in West Virginia, accessible units (sometimes called 'adaptable' or 'mobility accessible' units) generally need:

  • Accessible routes into and throughout the unit
  • Doorways wide enough for wheelchairs (at least 32 inches clear width)
  • Accessible light switches and environmental controls (placed between 15 and 48 inches above the floor)
  • Reinforced bathroom walls to allow installation of grab bars
  • Kitchens and bathrooms with space to allow wheelchair maneuvering (at least 60 inches in diameter for turning)
  • Accessible mailboxes, laundry rooms, and common areas

Comprehensive technical standards are detailed in the Fair Housing Accessibility Guidelines.

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How Many Accessible Units Are Required?

The Fair Housing Act requires that all ground-floor units in non-elevator buildings, and all units in buildings with elevators, must include basic accessibility features unless an exemption applies. There is no exact percentage required, but the rule ensures broad coverage in most new multifamily housing.

Your Rights to Request Further Accommodations

Even if a unit is not fully accessible, renters with disabilities can ask landlords to make reasonable accommodations (changes to rules, policies, or services) or reasonable modifications (physical changes to the rental unit) at their own expense (though some federal programs may provide assistance).[2]

  • Examples include installing grab bars, lowering countertops, or allowing service animals
If you need an accessible feature that your unit does not have, put your request to your landlord in writing and keep a copy for your records.

Landlords may request reliable documentation of your disability and need for the accommodation.

How to File a Discrimination Complaint

If you believe your rights to accessible housing under the Fair Housing Act have been violated (for example, a landlord refuses a reasonable modification), you can file a complaint with the:

The tenant must usually file within one year of the alleged discrimination incident.[4]

Official Forms: Requesting Accommodations or Filing Complaints

  • Reasonable Accommodation or Modification Request
    Form: While West Virginia does not mandate a specific statewide form, HUD provides a sample Reasonable Modification Request (see sample letters in Appendix).
    When and How: Use this form or a written letter to your landlord when you need a change to rules or a physical modification due to a disability. Example: A tenant in a new building requests a ramp at the main entrance for wheelchair access.
  • HUD Housing Discrimination Complaint Form (HUD Form 903)
    Form Number: HUD-903
    Link: HUD Form 903
    When and How: Use this form if you believe your rights to accessible housing were denied. Example: A landlord refuses a reasonable modification or will not rent you an accessible unit because of your disability.
    Submit online or mail to HUD, or via the West Virginia Human Rights Commission.

Relevant Tribunal and Legislation

The West Virginia Human Rights Commission (WVHRC) is the official state tribunal for handling housing and tenancy discrimination cases related to accessibility. Key laws include:

Frequently Asked Questions (FAQ)

  1. How do I request an accessible unit or a modification in West Virginia?
    Write a request to your landlord or property manager, explaining your disability-related need. Include medical documentation if needed, use HUD's sample letter or form, and keep copies for your records.
  2. What if my landlord refuses to provide an accessible unit or dismisses my request?
    You can file a complaint with the West Virginia Human Rights Commission or HUD. Documentation and acting quickly will strengthen your case.
  3. Does every new apartment building in West Virginia have to have accessible units?
    All new buildings with at least four units (since 1991) must meet accessibility requirements for ground-floor and elevator-accessible units. Exemptions may apply for smaller or older properties.
  4. Who pays for modifications if I need additional accessible features?
    You are generally responsible for the cost of reasonable modifications, unless you live in housing funded by federal programs or the landlord receives assistance for accessibility upgrades.
  5. What government office helps enforce accessibility in rental housing?
    The West Virginia Human Rights Commission handles discrimination cases related to accessible housing, while HUD also enforces federal laws.

Conclusion: Key Takeaways for West Virginia Renters

  • New rental buildings in West Virginia must provide accessible features and units as required by law.
  • Renters with disabilities can request accommodations and modifications; landlords must respond appropriately under state and federal law.
  • For unresolved issues, renters can file a complaint with HUD or the West Virginia Human Rights Commission for help.

Being aware of your rights and the correct process ensures better outcomes and safer, more accessible homes.

Need Help? Resources for Renters

  1. U.S. Department of Housing and Urban Development (HUD): Fair Housing Accessibility
  2. West Virginia Fair Housing Act, W. Va. Code § 5-11A: Official Text
  3. Americans with Disabilities Act (ADA): Overview and Guidance
  4. West Virginia Human Rights Commission: State Tribunal Information

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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