HB 23-1302: Housing Accessibility Requirements

• Modifies accessible housing standards for buildings with plans submitted to governmental units on or after July 1, 2023, allowing exceptions only when the standard is technically infeasible and creates undue hardship, with written determinations required.

• Establishes that failure to comply with accessible housing standards constitutes discrimination on the basis of disability jointly and severally against property owners and construction professionals, allowing individuals with disabilities to bring civil actions for remedies.

• Requires new construction projects and alterations to provide specified numbers of Type A and Type B accessible dwelling units based on project size: one Type B unit for 4-10 units; one Type B and one Type A for 11-20 units; and additional Type B units for projects exceeding 20 units.

• Mandates newly constructed housing include at least one accessible building entrance, fire alarms accessible to individuals with disabilities, and emergency exits accessible to individuals with disabilities, plus accessible mailboxes and signage.

• Authorizes courts to extend answer dates in eviction proceedings and hearing dates in foreclosure proceedings when defendants or borrowers file written requests for reasonable accommodations related to disability discrimination.