[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1441 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1441

  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

                             March 17, 2005

Ms. Schakowsky (for herself, Mr. Grijalva, Mr. Lantos, Ms. Jackson-Lee 
  of Texas, Ms. Woolsey, Ms. Bordallo, Mrs. Christensen, Ms. Lee, Mr. 
Rangel, Mr. Pallone, Ms. Baldwin, Ms. Carson, Ms. Watson, and Mr. Farr) 
 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 ``Inclusive Home Design Act of 2005''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Accessible route.--The term ``accessible route'' means 
        a continuous unobstructed path that--
                    (A) can be negotiated by a person with a disability 
                using a wheelchair; and
                    (B) is safe for and usable by people with other 
                disabilities and people without disabilities.
            (2) Covered dwelling unit.--The term ``covered dwelling 
        unit'' means a dwelling unit that--
                    (A) is a detached single family house, a townhouse 
                or multi-level dwelling unit (whether detached or 
                attached to other units or structures), or a ground-
                floor unit in a building of three or fewer dwelling 
                units;
                    (B) is designed as, or intended for occupancy as, a 
                residence;
                    (C) was designed, constructed, or commissioned, 
                contracted or otherwise arranged for design or 
                construction, by any person or entity who, at any time 
                during the design or construction, received Federal 
                financial assistance for any program or activity; and
                    (D) is made available for first occupancy after the 
                expiration of the one-year period beginning on the date 
                of the enactment of this Act.
            (3) Environmental controls.--The term ``environmental 
        controls'' means, for a dwelling unit, any switches or devices 
        that control or regulate lights, temperature, fans, doors, 
        security system features, or any other feature included in the 
        new construction of the unit.
            (4) Federal financial assistance.--The term ``Federal 
        financial assistance'' means--
                    (A) any assistance that is provided or otherwise 
                made available by the Secretary of Housing and Urban 
                Development or the Secretary of Veterans Affairs, or 
                any program or activity or such agencies, through any 
                grant, loan, contract, or any other arrangement, after 
                the expiration of the one-year period beginning on the 
                date of the enactment of this Act, including--
                            (i) grants, subsidies, or any other funds;
                            (ii) services of Federal personnel;
                            (iii) real or personal property or any 
                        interest in or use of such property, 
                        including--
                                    (I) transfers or leases of the 
                                property for less than the fair market 
                                value or for reduced consideration; and
                                    (II) proceeds from a subsequent 
                                transfer or lease of the property if 
                                the Federal share of its fair market 
                                value is not returned to the Federal 
                                Government;
                            (iv) any tax credit, mortgage or loan 
                        guarantee or insurance; and
                            (v) community development funds in the form 
                        of obligations guaranteed under section 108 of 
                        the Housing and Community Development Act of 
                        1974 (42 U.S.C. 5308); or
                    (B) any assistance that is provided or otherwise 
                made available by the Secretary of Agriculture under 
                title V of the Housing Act of 1949 (42 U.S.C. 1471 et 
                seq.).
            (5) Person or entity.--The term ``person or entity'' 
        includes one or more individuals, corporations (including not-
        for-profit corporations), partnerships, associations, labor 
        organizations, legal representatives, mutual corporations, 
        joint-stock companies, trusts, unincorporated associations, 
        trustees, trustees in cases under title 11 of the United States 
        Code, receivers, and fiduciaries.

SEC. 3. VISITABILITY REQUIREMENT.

    It shall be unlawful for any person referred to in section 2(2)(C) 
with respect to a covered dwelling unit to fail to ensure that such 
dwelling unit contains at least one level that complies with the 
following requirements:
            (1) Accessible entrance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the level shall contain at least one entrance to 
                the dwelling unit that--
                            (i) is accessible to, and usable by, people 
                        with disabilities such that all rooms on the 
                        level are connected by an accessible route;
                            (ii) does not contain any steps or any door 
                        threshold that exceeds one-half inch in height; 
                        and
                            (iii) is located on a continuous 
                        unobstructed path from the public street or 
                        driveway that serves the unit, which path--
                                    (I) at no point has a slope 
                                exceeding one inch in rise for every 12 
                                inches in length;
                                    (II) has a width of not less than 
                                36 inches;
                                    (III) has a cross slope not greater 
                                than two percent of the width;
                                    (IV) is an accessible route; and
                                    (V) may include curb ramps, parking 
                                access aisles, walks, and ramps.
                    (B) Exceptions.--The provisions of clauses (ii) and 
                (iii) of subparagraph (A) shall not apply to a covered 
                dwelling unit if--
                            (i) the finished grade of the site is too 
                        steep to provide a path having a slope meeting 
                        the requirements of subclause (I) of 
                        subparagraph (A)(iii) at the front, side, or 
                        back of the unit;
                            (ii) there is no driveway serving the unit; 
                        and
                            (iii) there is no alley or other roadway 
                        capable of providing vehicular access to the 
                        rear of the unit.
            (2) Accessible interior doors.--All doors that are designed 
        to allow passage within the level shall have an unobstructed 
        opening of at least 32 inches when the door is open at a 90-
        degree angle.
            (3) Accessible environmental controls.--All environmental 
        controls located on the level shall be located on the wall--
                    (A) at least 15 inches, but not more than 48 
                inches, above the floor; or
                    (B) in the case of environmental controls located 
                directly above a counter, sink, or appliance, not more 
                than three inches above such counter, sink, or 
                appliance.
            (4) Accessible habitable space and bathroom.--The level 
        shall contain the following:
                    (A) Habitable space.--At least one indoor room that 
                has an area of not less than 70 square feet and 
                contains no side or dimension narrower than seven feet.
                    (B) Bathroom.--At least one bathroom that contains, 
                at a minimum, the following:
                            (i) Clear floor space.--Clear floor space 
                        of 30 by 48 inches centered on and contiguous 
                        to the sink, which is not encroached by the 
                        swing path of the bathroom door.
                            (ii) Accessible sink and toilet.--A sink 
                        and a toilet that each allow for a parallel or 
                        head-on approach by a person in a wheelchair.
                            (iii) Reinforced walls.--Walls that are 
                        reinforced to be capable of supporting grab 
                        bars that resist shear and bending forces of a 
                        minimum of 250 pounds, as follows:
                                    (I) All walls adjacent to the 
                                toilet shall have horizontal backing 
                                reinforcements, each at least 33 
                                inches, but not more than 36 inches, 
                                above the floor, and sufficient to 
                                allow for a 24-inch grab bar on the 
                                wall behind the toilet and another 42-
                                inch grab bar.
                                    (II) If a bathtub is present in the 
                                bathroom, such reinforcements shall 
                                include (aa) two backing reinforcements 
                                on the back wall of the bathtub, each 
                                at least 24 inches long and not more 
                                than 24 inches from the head end wall 
                                and not more than 12 inches from the 
                                foot end wall, one in a horizontal 
                                position at least 33 inches, but not 
                                more than 36 inches, above the floor, 
                                and one 9 inches above the rim of the 
                                bathtub, (bb) one backing reinforcement 
                                on the foot end wall of the bathtub, at 
                                least 24 inches long and located at the 
                                front edge of the bathtub, and (cc) one 
                                backing reinforcement on the head end 
                                wall of the bathtub, at least 12 inches 
                                long and located at the front edge of 
                                the bathtub.
                                    (III) If a shower is present in the 
                                bathroom, such reinforcements shall 
                                include backing reinforcements on at 
                                least two walls on which the control 
                                valve is not located, each at least 33 
                                inches, but not more than 36 inches, 
                                above the floor.

SEC. 4. ENFORCEMENT.

    (a) Requirement for Federal Financial Assistance.--Each applicant 
for Federal financial assistance shall submit an assurance to the 
Federal agency responsible for such assistance that all of its programs 
and activities will be conducted in compliance with this Act.
    (b) Approval of Architectural and Construction Plans.--
            (1) Submission.--Any applicant for or recipient of Federal 
        financial assistance who designs, constructs, or commissions, 
        contracts, or otherwise arranges for design or construction of 
        a covered dwelling unit shall submit architectural and 
        construction plans for such 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 
        plans for compliance with generally applicable building codes 
        or requirements (in this subsection referred to as the 
        ``appropriate State or local agency'').
            (2) Determination of compliance.--
                    (A) Condition of federal housing assistance.--The 
                Secretary of Housing and Urban Development may not 
                provide any Federal financial assistance under any 
                program administered by such Secretary to a State or 
                unit of general local government (or any agency 
                thereof) unless the appropriate State or local agency 
                thereof is, in the determination of the 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 pursuant to paragraph 
                        (1) and approving or disapproving such plans 
                        based upon 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 such 
                        compliance is determined.
    (c) Civil Action for Private Persons.--Any person aggrieved by an 
act or omission that is unlawful under this Act may commence a civil 
action in an appropriate United States district court or State court 
against any person or entity responsible for any part of the design or 
construction of a covered dwelling unit no later than two years after 
the occurrence or termination of the alleged unlawful conduct under 
this Act. For purposes of this section, a violation involving a covered 
dwelling unit that is not designed or constructed in conformity with 
the requirements of this Act shall not be considered to terminate until 
the violation is corrected.
    (d) Enforcement by Attorney General.--Whenever the Attorney General 
has reasonable cause to believe that any person or group of persons has 
violated this Act, the Attorney General may commence a civil action in 
any appropriate United States district court. The Attorney General may 
also, 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 title has occurred or is about to 
occur, it may award to the plaintiff actual and punitive damages, and 
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).
    (f) 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, a reasonable attorney's fee and costs.
    (g) 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 such relief 
and involving a bona fide purchaser, encumbrancer, or tenant, without 
actual notice of a civil action under this title.

SEC. 5. EFFECT ON STATE LAWS.

    Nothing in this Act shall be constructed 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 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 or any other Act of the Congress.

SEC. 7. SEVERABILITY OF PROVISIONS.

    If any provision of this Act of the application thereof to any 
person or circumstances is held invalid, the remainder of the Act and 
the application of the provision to other persons not similarly 
situated shall not be affected thereby.
                                 <all>