In the U.S., there is a significant need for accessible housing – and a concerning lack of accessible units available. Despite the fact that 8.2% of Americans – and 28.6% of seniors – have a physical disability, less than 5% of the national housing supply is accessible. Moreover, less than 1% of housing is wheelchair-accessible. Studies show that 6.8 million households experience accessibility challenges in their homes. The U.S. is approximately 3 million to 6 million houses short of what is needed in terms of accessible housing.
The Right to Reasonable Modifications
In 1988, the federal Fair Housing Act was amended to include protection from discrimination in housing for people with disabilities. Under this protection, tenants with disabilities have the right to request a reasonable modification if their housing is inaccessible and does not meet their needs. By submitting a reasonable modification request to their landlord, tenants can request approval for a physical change to either the interior of their own unit or to the common use areas. Reasonable modifications might include widening doorways, installing grab bars in the bathroom, or installing a ramp, just to name a few common examples. As long as that request is reasonable and needed in connection with the tenant’s disability, housing providers are required to grant the request, in order to allow tenants full use and enjoyment of their housing.
Accessible Design and Construction Requirements
While reasonable modifications are one way to make existing housing more accessible, some newer housing is actually required by law to be accessible when it is built. Under fair housing law, all housing with four or more residential units that was built after March 13, 1991 must be accessible to people with disabilities. If a building was built after this date and has four or more residential units, but does not have an elevator, then all ground-floor units must be accessible. If a building does have an elevator, however, then all units in the building must be accessible. These seven basic design and construction requirements must be met in order to be in compliance with the Fair Housing Act:
1. An accessible building entrance on an accessible route
All covered multifamily dwellings must have at least one accessible building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. An accessible route means a continuous, unobstructed path connecting accessible elements and spaces within a building or site that can be negotiated by a person with a disability who uses a wheelchair, and that is also safe for and usable by people with other disabilities. An accessible entrance is a building entrance connected by an accessible route to public transit stops, accessible parking and passenger loading zones, or public streets and sidewalks.
2. Accessible public and common use areas
Covered housing must have accessible and usable public and common-use areas. Public and common-use areas cover all parts of the housing outside individual units. They include — for example — building-wide fire alarms, parking lots, storage areas, indoor and outdoor recreational areas, lobbies, mailrooms and mailboxes, and laundry areas.
3. Usable doors (usable by a person in a wheelchair)
All doors that allow passage into and within all premises must be wide enough to allow passage by persons using wheelchairs.
4. Accessible route into and through the dwelling unit
There must be an accessible route into and through each covered unit.
5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations
Light switches, electrical outlets, thermostats and other environmental controls must be in accessible locations.
6. Reinforced walls in bathrooms for later installation of grab bars
Reinforcements in bathroom walls must be installed, so that grab bars can be added when needed. The law does not require installation of grab bars in bathrooms.
7. Usable kitchens and bathrooms
Kitchens and bathrooms must be usable. That is, designed and constructed so an individual in a wheelchair can maneuver in the space provided.
Where to Go for Help with Housing Accessibility
If you have questions or need assistance with navigating accessible housing, help is available. If your building has four or more units and was built after March 13, 1991, but does not provide all of the required accessibility features, contact The Fair Housing Center for help. The Fair Housing Center also offers assistance with reasonable accommodation and modification requests. If you do not live in Northeast Ohio, you can find your local fair housing organization here.
Another important resource for Ohioans with disabilities is MaxHousing. Through their mission to “advance accessibility, independence, and inclusion in homes and communities,” MaxHousing may be able to help you find accessible housing that meets your needs. In addition to the resources previously mentioned, Services for Independent Living, Inc. also offers a variety of services to people with disabilities, including individual and community services, peer support groups, and an Independent Living Equipment Program.
Accessible housing is central to the work of fair housing organizations, and housing cannot be fair if it is not accessible. Until housing is truly accessible for all, housing advocates will continue working to help you exercise your rights and access housing that meets your needs.