Topics on this page:

• Can I sue my landlord for not accommodating my disability?
• What is the Maryland Accessibility Code?
• Do I qualify to bring a lawsuit under the Maryland Accessibility Code?
• How  do I file a lawsuit under the Maryland Accessibility Code?
• What happens if I win in court?

Can I sue my landlord for not accommodating my disability?

Under certain circumstances, if you rent an apartment that is not accessible to your disability, you may have the right to sue for modifications or a transfer to an accessible unit. The Maryland Accessibility Code requires multifamily apartment buildings that are built after 1990, or substantially renovated, to provide units that are accessible to renters with physical disabilities. If your apartment is in a building covered by the Accessibility Code, you may be able to sue you landlord for an accommodation.

If your apartment is owned by or receives subsidies from a Public Housing Authority, the Maryland Accessibility Code does not apply. However, you may have protections under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA).

For federally subsidized housing, you may have the right to request and receive reasonable modifications or transfers at the landlord’s expense, based on your disability-related needs.
 

What is the Maryland Accessibility Code?

The Maryland Accessibility Code is a required state building code that ensures apartment buildings are accessible to people with disabilities. Every Maryland county and Baltimore City must adopt and enforce it.

The Maryland Accessibility Code requires:

• All multifamily (4+ units) landlords and developers must make accessibility modifications when they build or substantially renovate their properties
• When substantially renovating a building, owners must:
  • Make 1 fully accessible unit for every 25 units (4%), or
  • Modify all ground-floor units for limited accessibility

Routine maintenance such as reroofing or electrical repairs does not trigger accessibility requirements.

Landlords may request a waiver if the required changes would be too expensive or structurally infeasible. However, federal accessibility requirements cannot be waived.

Read the Law: Code of Maryland Regulations 09.12.53.07 and 09.12.53.09; Md. Code, Public Safety § 12-202

Do I qualify to bring a lawsuit under the Maryland Accessibility Code?

You may have grounds to file a lawsuit if:

• You live in or are seeking to move into a covered building that violates the Maryland Accessibility Code.
• Your building is not owned or subsidized by a Public Housing Authority.
• You are a person with a disability who needs accessibility features in your unit or building.

If you live in federally subsidized housing, it is often better to request modifications or a unit transfer under Section 504 of the Rehabilitation Act, which may provide broader protections.

It is highly recommended that you consult with an attorney to explore your best option.
 

How do I file a lawsuit under the Maryland Accessibility Code?

Before filing a lawsuit, take the following steps:

1. Send a written request to your property manager that includes:
   • A description of your disability-related accessibility need
   • A letter from a doctor or support provider confirming your disability and explaining the need
   • A clear identification of the parts of the building that are not accessible
   • A request to modify your unit or transfer you to a more accessible unit
   • A statement that the issue should be addressed within 30 days
2. Keep a copy of the letter for your records.
   • Send it via certified mail and also first-class mail.
3. Wait 30 days.
4. If the issue is not resolved, you may sue in District Court or Circuit Court.

NOTE:  You always have the right to request other reasonable modifications from your landlord, even if your apartment is not subject to the Maryland Accessibility Code.  The Fair Housing Amendments Act requires a landlord to permit you to modify your unit or common areas at your own expense, under most circumstances.  There may be funding available to assist with paying for the cost of modifications. See the  Maryland Department of Disabilities website for more information.

What happens if I win in court?

If the court finds that your landlord violated the Maryland Accessibility Code, it may:

• Order the landlord to comply with accessibility requirements
• Award you the cost of filing the lawsuit
• Award you damages for harm caused by the violation

Read the Law: Md. Code, Public Safety § 12-202