Neb. Rev. Stat. § 20-301 et seq. § 20-319

Person with a disability; discriminatory practices prohibited; design and construction standards; enforcement of act.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/5/2026NebraskaFHA Design & Construction

Operative Text

Neb. Rev. Stat. § 20-301 et seq. § 20-319
(1) Except as exempted by section 20-322 , it shall be unlawful to:
(a) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of:
(i) The buyer or renter;
(ii) Any person associated with the buyer or renter; or
(iii) A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available; or
(b) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with a dwelling because of a disability of:
(i) Such person;
(ii) Any person associated with such person; or
(iii) A person residing in or intending to reside in the dwelling after it is so sold, rented, or made available.
(2) For purposes of this section, discrimination shall include:
(a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that in the case of a rental, the landlord may, when it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
(b) A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the person with a disability equal opportunity to use and enjoy a dwelling; and
(c) In connection with the design and construction of covered multifamily dwellings for first occupancy after September 1, 1991, a failure to design and construct the dwellings in such a manner that:
(i) The public use and common use portions of the dwellings are readily accessible to and usable by people with disabilities;
(ii) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by people using wheelchairs; and
(iii) All premises within the dwellings contain the following features of adaptive design:
(A) An accessible route into and through the dwelling;
(B) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(C) Reinforcements in bathroom walls to allow later installation of grab bars; and
(D) Kitchens and bathrooms such that a person in a wheelchair can maneuver about the space.
(3) Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for people with disabilities, ANSI A117.1, shall satisfy the requirements of subdivision (2)(c)(iii) of this section.
(4)(a) If a political subdivision has incorporated into its laws the design and construction requirements set forth in subdivision (2)(c) of this section, compliance with such laws shall be deemed to satisfy the requirements.
(b) A political subdivision may review and approve new constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements are met.
(c) The commission shall encourage but may not require political subdivisions to include in their existing procedures for the review and approval of new constructed covered multifamily dwellings determinations as to whether the design and construction of the dwellings are consistent with the design and construction requirements and shall provide technical assistance to political subdivisions and other persons to implement the requirements.
(d) Nothing in this section shall be construed to require the commission to review or approve the plans, designs, or construction of all covered multifamily dwellings to determine whether the design and construction of the dwellings are consistent with the design and construction requirements.
(5)(a) Nothing in subsection (4) of this section shall be construed to affect the authority and responsibility of the commission or a local agency certified pursuant to section 20-332 to receive and process complaints or otherwise engage in enforcement activities under the Nebraska Fair Housing Act.
(b) Determinations by the commission or a political subdivision under subdivision (4)(a) or (b) of this section shall not be conclusive in enforcement proceedings under the act.
(6) For purposes of this section, covered multifamily dwellings shall mean:
(a) Buildings consisting of four or more units if such buildings have one or more elevators; and
(b) Ground floor units in other buildings consisting of four or more units.
(7) Nothing in this section shall be construed to invalidate or limit any law of a political subdivision or other jurisdiction in which this section is effective that requires dwellings to be designed and constructed in a manner that affords people with disabilities greater access than is required by this section.
(8) Nothing in this section shall require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
The plaintiff offered no evidence that a fence was necessary to afford her daughter an equal opportunity to use and enjoy her home. The court found the plaintiff had no right to her preferred means of accommodation. The court found no evidence the proposed alternatives would not be effective, which included using underground invisible fencing, a privacy fence around the plaintiff's patio, or tethering animals while outside. Guenther v. Walnut Grove Hillside Condo. Regime No. 3, 309 Neb. 655, 961 N.W.2d 825 (2021).
Source: Legislative text reproduced verbatim
Plain English

Neb. Rev. Stat. § 20-319 prohibits housing providers from refusing to sell or rent a dwelling to someone because of a disability, and from imposing different terms or conditions on that basis. The law also defines discrimination to include refusing reasonable modifications (paid for by the person with a disability) or reasonable accommodations in rules and policies. Covered multifamily buildings of four or more units first occupied after September 1, 1991 must meet specific accessible design and construction standards.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under § 20-319, compliant housing operators generally permit disability-related modifications to units at the tenant's expense, and may require restoration of the interior upon move-out when reasonable. They also make reasonable accommodations in policies or services when needed to provide equal housing opportunity. Multifamily properties of four or more units built for first occupancy after September 1, 1991 are expected to meet accessible design standards, including accessible common areas, wide doorways, and adaptive features in kitchens and bathrooms.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 20-319 gives tenants with disabilities the right to request reasonable modifications to their unit and reasonable accommodations in a landlord's rules or policies. If a housing provider refuses such requests or applies different rental terms because of a disability, that conduct may constitute a violation of the Nebraska Fair Housing Act. Tenants who believe their rights under this provision have been violated can file a complaint with the Nebraska Equal Opportunity Commission or consult a tenant-rights organization for guidance on available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 5, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Neb. Rev. Stat. § 20-322
Not yet ingested
Neb. Rev. Stat. § 20-332
Not yet ingested

References In

Rules and statutes that cite this regulation

Neb. Rev. Stat. § 20-301
Neb. Rev. Stat. § 20-301

Related Rules

§ 100.201a
§ 100.201a Incorporation by reference.
§ 200.948
§ 200.948 Building product standards and certification program for carpet cushion.
§ 200.955
§ 200.955 Supplementary specific requirements under the HUD building product standard and certification program for fenestration products (windows and doors).

Source Information

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