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Legislative Year: 2023 Change

Bill Detail: HB23-1302

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Title Housing Accessibility
Status House Committee on Transportation, Housing & Local Government Postpone Indefinitely (04/25/2023)
Bill Subjects
  • Housing
House Sponsors D. Ortiz (D)
S. Lieder (D)
Senate Sponsors
House Committee Transportation, Housing and Local Government
Senate Committee
Date Introduced 04/19/2023

The bill modifies the accessible housing standards and
specifications exception process for housing for which building plans are
submitted to a governmental unit on or after July 1, 2023. A
governmental unit may only grant exceptions to any particular accessible
housing standard or specification when the governmental unit determines
that the standard or specification is technically infeasible and would
create an undue hardship. The determination must be in writing and must
articulate the relevant undue hardship.
Similarly, the bill requires that the alteration of walls or defining
boundaries in housing that was under construction prior to July 1, 2023,
must comply with certain minimum alteration requirements, unless there
is a determination of undue hardship by the relevant governmental unit.
However, even if a governmental unit makes a determination of undue
hardship, the alterations must still comply with the minimum alteration
requirements to the maximum extent feasible.
The bill establishes that failure to comply with certain standards
for accessible housing constitutes discrimination on the basis of a
disability jointly and severally by the owner of the relevant property and
any construction professionals who participate in the noncompliant
construction or alteration of the relevant property. The bill creates a civil
action for an individual with a disability subject to a failure or the
attorney general.
The bill requires that certain new construction projects and
alterations provide a certain number of type B dwelling units or type B
multistory dwelling units, and in some cases at least one type A dwelling
unit or type A multistory dwelling unit, based on the number of dwelling
units in the construction project or alteration.
The bill prohibits a landlord from refusing a request by an
individual with a disability to make modifications, at the individual's own
expense, necessary to afford the individual the full enjoyment of the
The bill requires newly constructed housing to have:
  • At least one building entrance on an accessible route,
unless doing so would be an undue hardship;
  • Fire alarms that are accessible to individuals with a
disability, so long as the dwelling unit does not require
individuals to purchase their own fire alarms; and
  • Emergency exits that are accessible to individuals with a
The bill also states that a failure to ensure the following qualifies
as discrimination against an individual with a disability:
  • That all mailboxes assigned to dwelling units are fully
accessible to any individual with a disability who lives in
those dwelling units; and
  • That all signage in dwelling units, including directories and
elevator buttons, is accessible to individuals with
Lastly, the bill authorizes a court to extend:
  • The answer date in an eviction proceeding if the defendant
files a written request with the court for a reasonable
accommodation pursuant to prohibited unfair housing
practices; and
  • The hearing date for a hearing required during a
foreclosure proceeding if the borrower files a written
request with the court for a reasonable accommodation
pursuant to prohibited unfair housing practices.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (07/06/2023) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
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Votes House and Senate Votes
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