Does my apartment building have to meet Fair Housing Act accessibility rules?
Only if it was built for first occupancy after March 13, 1991 and has four or more units. In those buildings, every unit is covered when there is an elevator, and only the ground floor units are covered when there is not. Covered buildings need an accessible entrance and route, usable common areas and doors, and four adaptable features inside each covered unit (24 CFR 100.205).
Is your building covered? Three questions
- Does it have four or more dwelling units? HUD defines covered multifamily dwellings as buildings of four or more units with one or more elevators, plus ground floor units in other buildings of four or more units (24 CFR 100.201).
- Was it first occupied after March 13, 1991? A building counts as designed for first occupancy on or before that date if it was occupied by then, or if its last building permit (or renewal) was issued on or before June 15, 1990 (24 CFR 100.205(a)). "First occupancy" means a building never before used for any purpose.
- Which floors count? With an elevator, every unit is covered. Without one, only the units on a "ground floor", meaning a floor with a building entrance on an accessible route. A building can have more than one ground floor.
Example a made-up three story garden building with 30 apartments, 10 per floor, permitted in 1996, no elevator, and one accessible entrance on the first floor. Only the 10 first floor units are covered, and they must reach at least one of each common area, such as the laundry room. Put the same 30 units in a building with an elevator and all 30 are covered. A 30 unit building permitted in 1988 and occupied in 1989 is not covered by these design rules at all.
The seven features a covered building needs
The statute lists them at 42 U.S.C. 3604(f)(3)(C) and the rule repeats them at 100.205(a) and (c).
| # | Feature | What it means in practice |
|---|---|---|
| 1 | At least one building entrance on an accessible route | A continuous path, usable by a wheelchair user, from parking, the street or a transit stop to an entrance. Excused only where terrain or unusual site features make it impractical, and the builder has to prove that. |
| 2 | Accessible public and common use areas | Lobbies, hallways, laundry, mail and trash rooms, and recreation areas can be approached, entered and used. |
| 3 | Usable doors | Doors into and within the premises wide enough for a wheelchair. |
| 4 | Accessible route into and through the unit | A wheelchair can get in and move through the rooms. |
| 5 | Controls in accessible locations | Light switches, outlets, thermostats and other controls within reach. |
| 6 | Reinforced bathroom walls | Blocking in the walls so grab bars can be added later around the toilet, tub and shower. |
| 7 | Usable kitchens and bathrooms | Enough room for a wheelchair user to maneuver. |
Meeting the right version of the ICC/ANSI A117.1 standard satisfies the in-unit features, and HUD lists safe harbors including its 1991 Fair Housing Accessibility Guidelines, its Fair Housing Act Design Manual, and several editions of the International Building Code from 2000 to 2018 when adopted without changes (100.205(e)).
Buying a building: what to check
- Get the certificate of occupancy date and the last building permit date from the city. They answer the coverage question.
- Walk the route from the parking lot and the sidewalk to the main entrance, and look for steps with no ramp.
- Measure a few unit doors and bathroom doors, and check the height of thermostats and switches.
- Ask the seller for the plans and any accessibility review the city did. A city sign-off helps but is not conclusive in a fair housing case (100.205(h)).
- Ask your attorney who carries the risk for a design defect in the purchase contract.
State and local law can demand more access than the federal rule, and 100.205(i) says the federal rule does not limit those laws, so check your state's building code too.
Older buildings still have duties
A building occupied before March 1991 does not have to be rebuilt to these standards. But every rental, old or new, must still allow a tenant with a disability to make reasonable modifications at their own expense and must make reasonable accommodations in rules and policies (42 U.S.C. 3604(f)(3)(A) and (B)). See how to handle a modification request.
Where DoorKeeping fits
DoorKeeping keeps each property's documents, such as the certificate of occupancy, permits and plans, with that property's records, and any repair or modification work can go out as a work order with a vendor job link. Improvements land in their own account in each property's books, apart from repairs. DoorKeeping is $2 per unit per month and gives no legal advice; for a design question, ask an accessibility consultant or attorney.
Sources
- eCFR, 24 CFR 100.205, Design and construction requirements, read Oct 30, 2026
- eCFR, 24 CFR 100.201, Definitions, read Oct 30, 2026
- 42 U.S.C. 3604, Discrimination in the sale or rental of housing (Cornell LII), read Oct 30, 2026
Questions
- Does the Fair Housing Act require an elevator?
- No. It sets rules for buildings that have one. Without an elevator, only ground floor units in a building of four or more units are covered.
- Does a 1985 apartment building have to be wheelchair accessible?
- Not under the federal design rules, which apply to buildings first occupied after March 13, 1991. Tenants can still ask for reasonable modifications and accommodations, and state or local law may add more.
- Is a fourplex covered?
- It can be. Buildings of four or more units are covered: all units with an elevator, or the ground floor units without one, if first occupied after March 13, 1991.