Eleanor Smith Inclusive Home Design Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9932 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9932

  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 23, 2026

 Ms. Schakowsky (for herself, Ms. McCollum, Mr. Davis of Illinois, Mr.
   Khanna, Ms. Norton, Ms. Tlaib, and Mrs. 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 2026''.

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, modular home, or a 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, 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) Modular home.--The term ``modular home'' means a home
        that is--
                    (A) constructed in a factory in 1 or more modules
                meeting applicable State and local building codes of
                the area of the home building site; and
                    (B) transported to the home building site,
                installed on foundations, and completed.
            (4) 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,
                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 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 applicable 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 applicable Secretary, 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.
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