Fair Housing Accessibility: Design Rules and Tenant Modifications

Which apartment buildings must meet the Fair Housing Act’s seven accessibility requirements, and when a landlord must allow a disabled tenant’s modifications.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 3 min read

Key takeaways

• Covered buildings have four or more units: all units if there is an elevator, ground-floor units if not.
• A building whose last building permit was issued by June 15, 1990 is treated as first occupied before the deadline.
• A tenant pays for a modification, and the landlord may not raise the security deposit because of the disability.
• A landlord may require restoration only where it is reasonable, such as removing grab bars but not wall blocking.

Which buildings must meet the design requirements?

The requirements apply to “covered multifamily dwellings”: buildings of four or more units that have one or more elevators, and the ground-floor units of other buildings with four or more units (24 CFR § 100.201), designed and built for first occupancy after March 13, 1991 (24 CFR § 100.205). A building counts as first occupied on or before that date if it was occupied by then or its last building permit or renewal was issued by June 15, 1990. The requirements come from the statute itself (42 U.S.C. § 3604(f)(3)(C)).

What are the seven requirements?

1. At least one building entrance on an accessible route, unless the terrain or unusual characteristics of the site make that impractical. The builder bears the burden of proving impracticality.
2. Public and common use areas, such as lobbies, hallways, laundry rooms, mail rooms and recreation areas, that are readily accessible to and usable by people with disabilities.
3. Doors into and within all premises wide enough for a wheelchair.
4. An accessible route into and through each covered unit.
5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations.
6. Reinforced bathroom walls so grab bars can be added later around the toilet, tub, shower and shower seat.
7. Usable kitchens and bathrooms, so a person using a wheelchair can maneuver in them.

Building to one of the standards HUD recognizes, such as specified editions of ICC/ANSI A117.1 or the International Building Code adopted without waivers of the accessibility provisions, is a safe harbor for these requirements. A state or local approval that a building complies is not conclusive in an enforcement case.

When must a landlord allow a tenant to modify a unit?

Any landlord, whatever the building’s age, may not refuse to let a tenant with a disability make reasonable modifications, at the tenant’s expense, that may be necessary for the tenant’s full enjoyment of the premises (24 CFR § 100.203). The landlord may not increase the customary security deposit because of the disability.

• Restoration: where it is reasonable, the landlord may condition permission on the tenant agreeing to restore the interior to its prior condition, reasonable wear and tear excepted. HUD’s example: a tenant who installs grab bars may be required to remove them and repair the wall, but not to remove the reinforcing blocking, which harms no one.
• No restoration where a change helps the next tenant too: a doorway widened for a wheelchair usually need not be narrowed again.
• Escrow: where needed to be reasonably sure restoration will be paid for, the landlord may negotiate payments into an interest-bearing escrow account, over a reasonable period, of no more than the cost of the restoration.

A modification is a physical change. A change to a rule, policy, practice or service, such as an assigned accessible parking space or an exception to a no-pets rule, is a reasonable accommodation, which the landlord must also grant where necessary and reasonable. Our assistance animal guide covers accommodation requests in detail.

Frequently asked questions

Does a landlord have to pay for a tenant’s grab bars or ramp?

Under the Fair Housing Act, a reasonable modification is made at the tenant’s expense. Other laws, such as those covering federally assisted housing, and some state laws, can require more.

Does a three-unit building have to meet the design requirements?

No. The design requirements apply to buildings with four or more units. The duty to allow reasonable modifications and accommodations applies regardless of size.

Can a landlord charge a larger deposit for a modification?

Not by raising the customary deposit because of a disability. A landlord may, where necessary, negotiate an escrow toward restoration costs, limited to what restoration would cost.

Sources

1. 24 CFR § 100.201, Definitions (covered multifamily dwellings), eCFR
2. 24 CFR § 100.205, Design and construction requirements, eCFR
3. 24 CFR § 100.203, Reasonable modifications of existing premises, eCFR
4. 42 U.S.C. § 3604, Discrimination in the sale or rental of housing, Legal Information Institute

How Seayora helps

Fair housing tools: Documented records of each application and decision, so every disability-related request is answered consistently and in writing.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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