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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9181 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9181
To require all newly constructed, federally assisted, single-family
houses and town houses to meet minimum standards of visitability for
persons with disabilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2024
Ms. Schakowsky (for herself, Mr. Khanna, Ms. Norton, and Mr. Grijalva)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To require all newly constructed, federally assisted, single-family
houses and town houses to meet minimum standards of visitability for
persons with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eleanor Smith Inclusive Home Design
Act of 2024''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is--
(i) a detached single-family house;
(ii) a townhouse or multi-level dwelling
unit (whether detached or attached to other
units or structures); or
(iii) a ground-floor unit in a building of
not more than 3 dwelling units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by
any person or entity that, at any time before the
design or construction, received or was guaranteed
Federal assistance for any program or activity relating
to the design, construction, or commissioning,
contracting, or other arrangement for construction, of
the dwelling unit; and
(D) is made available for first occupancy on or
after the date that is 1 year after the date of
enactment of this Act.
(2) Federal assistance.--The term ``Federal assistance''
means any assistance that is provided or otherwise made
available by the Federal Government, through any grant, loan,
contract, or any other arrangement, on or after the date that
is 1 year after the date of enactment of this Act, including--
(A) a grant, a subsidy, or any other funds;
(B) a service provided by a Federal employee or an
employee of a person or entity that receives a grant
from the Federal Government;
(C) real or personal property or any interest in or
use of such property, including--
(i) a transfer or lease of the property;
and
(ii) proceeds from a subsequent transfer or
lease of the property if the Federal share of
the fair market value is not returned to the
Federal Government;
(D) any--
(i) tax credit; or
(ii) mortgage or loan guarantee or
insurance; and
(E) community development funds in the form of an
obligation guaranteed under section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308).
(3) Person or entity.--The term ``person or entity''
includes an individual, corporation (including a not-for-profit
corporation), partnership, association, labor organization,
legal representative, mutual corporation, joint-stock company,
trust, unincorporated association, trustee, trustee in a case
under title 11, United States Code, receiver, fiduciary, Tribal
government, territorial government, or local government.
SEC. 3. VISITABILITY REQUIREMENT.
It shall be unlawful for any person or entity, with respect to a
covered dwelling unit designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by the person or
entity, to fail to ensure that the dwelling unit contains not less than
1 level that complies with the Standards for Type C (Visitable) Units
of the American National Standards Institute (commonly known as
``ANSI'') Standards for Accessible and Usable Buildings and Facilities
(section 1005 of ANSI A117.1-2017) or any successor standard and the
requirements of this Act and any regulations issued under this Act.
SEC. 4. ENFORCEMENT.
(a) Requirement for Federal Assistance.--An applicant for Federal
assistance shall submit an assurance to the Federal agency responsible
for the assistance that each program or activity of the applicant will
be conducted in compliance with this Act.
(b) Approval of Architectural, Interior Design, and Construction
Plans.--
(1) Submission.--
(A) In general.--An applicant for or recipient of
Federal assistance for the design, construction, or
commissioning, contracting, or other arrangement for
construction, of a covered dwelling unit shall submit
for approval the architectural, interior design, and
construction plans for the unit to the State or local
department or agency that is responsible, under
applicable State or local law, for the review and
approval of construction and design plans for
compliance with generally applicable building codes or
requirements (in this subsection referred to as the
``appropriate State or local agency'').
(B) Notice included.--In submitting plans under
subparagraph (A), a person or entity shall include
notice that the person or entity has applied for or
received Federal assistance, as defined in this Act,
with respect to the covered dwelling unit.
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development, the
Secretary of Agriculture, and the Secretary of Veterans
Affairs may not provide any Federal assistance under
any program administered by the Secretary involved to a
State or unit of general local government (or any
agency or instrumentality thereof) unless the
appropriate State or local agency thereof is, in the
determination of the Secretary involved, taking the
enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted under paragraph (1) and
approving or disapproving the plans based on
compliance of the dwelling unit with the
requirements of this Act; and
(ii) consistent with applicable State or
local laws and procedures, withholding final
approval of construction or occupancy of a
covered dwelling unit unless and until the
appropriate State or local agency determines
compliance as described in clause (i).
(c) Civil Action Brought by Private Persons.--
(1) Action.--Not later than 5 years after the occurrence or
termination, whichever is later, of an act or omission with
respect to a covered dwelling unit in violation of this Act, a
person aggrieved by the act or omission may bring a civil
action in an appropriate district court of the United States
against any person or entity responsible for any part of the
design or construction of the covered dwelling unit, subject to
paragraph (2).
(2) Liability of state or local agency.--In a civil action
brought under paragraph (1) for a violation involving
architectural or construction plans for a covered dwelling unit
that were approved by the appropriate State or local agency--
(A) if the approved plans violate this Act and any
construction on the dwelling unit that violates this
Act was performed in accordance with the approved
plans, the State or local agency shall be liable for
that construction; and
(B) if the approved plans comply with this Act and
any construction on the dwelling unit violates this
Act, the person or entity responsible for the
construction shall be liable for that construction.
(d) Enforcement by Attorney General.--
(1) Civil action.--If the Attorney General has reasonable
cause to believe that a person or group of persons has violated
this Act, the Attorney General may bring a civil action in an
appropriate district court of the United States.
(2) Intervention in private action.--The Attorney General
may, upon timely application, intervene in any civil action
brought under subsection (c) by a private person if the
Attorney General certifies that the case is of general public
importance.
(e) Relief.--In any civil action brought under this section, if the
court finds that a violation of this Act has occurred or is about to
occur, the court--
(1) may award to the plaintiff actual and punitive damages;
and
(2) subject to subsection (g), may grant as relief, as the
court finds appropriate, any permanent or temporary injunction,
temporary restraining order, or other order (including an order
enjoining the defendant from violating the Act or ordering such
affirmative action as may be appropriate, including
retrofitting of the covered dwelling unit).
(f) Statute of Limitations.--For purposes of this section, the
statute of limitations shall not begin to run until any deficiency in
visitability of a covered dwelling unit has been corrected.
(g) Attorney's Fees.--In any civil action brought under this
section, the court, in its discretion, may allow the prevailing party,
other than the United States, reasonable attorney's fee and costs.
(h) Effect on Certain Sales, Encumbrances, and Rentals.--Relief
granted under this section shall not affect any contract, sale,
encumbrance, or lease consummated before the granting of the relief and
involving a bona fide purchaser, encumbrancer, or tenant, without
actual notice of a civil action under this section.
SEC. 5. EFFECT ON STATE LAWS.
Nothing in this Act shall be construed to invalidate or limit any
law of a State or political subdivision of a State, or of any other
jurisdiction in which this Act shall be effective, that grants,
guarantees, or provides the same or greater rights, protections, and
requirements as are provided by this Act, but any law of a State, a
political subdivision thereof, or other such jurisdiction that purports
to require or permit any action that would violate this Act shall to
that extent be invalid.
SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER ACTS.
Nothing in this Act shall limit any right, procedure, or remedy
available under the Constitution of the United States or any other Act
of Congress.
SEC. 7. SEVERABILITY OF PROVISIONS.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remaining provisions of
this Act and the application of those provisions to other persons or
circumstances shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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