II 

113TH CONGRESS 

2D SESSION S. 2889 

To require compliance with established universal home design guidelines, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To require compliance with established universal home design 

guidelines, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Universal Home De5 sign Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ACCESSIBLE.—The term ‘‘accessible’’ (ex9 cept when used in the context of accessible format) 

10 means— 


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1 (A) consistent with— 

2 (i) subpart D of part 36 of title 28, 

3 Code of Federal Regulations (or any cor4 responding similar regulation or ruling); 

5 and 

6 (ii) appendices B and D to part 1191 

7 of title 36, Code of Federal Regulations (or 

8 any corresponding similar regulation or 

9 ruling); and 

10 (B) independently usable by individuals 

11 with disabilities, including those who use a mo12 bility device such as a wheelchair. 

13 (2) ACCESS BOARD.—The term ‘‘Access Board’’ 

14 means the Architectural and Transportation Bar15 riers Compliance Board established under section 

16 502 of the Rehabilitation Act of 1973 (29 U.S.C. 

17 792). 

18 (3) COVERED DWELLING UNIT.—The term 

19 ‘‘covered dwelling unit’’ means a dwelling unit 

20 that— 

21 (A) is a detached single family house, a 

22 townhouse or multi-level dwelling unit (whether 

23 detached or attached to other units or struc24 tures), or a ground-floor unit in a building of 

25 not more than 3 dwelling units; 


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1 (B) is designed as, or intended for occu2 pancy as, a residence; 

3 (C)(i) was designed, constructed, or com4 missioned, contracted, or otherwise arranged for 

5 construction, by a person or entity who, at any 

6 time before the design or construction, received 

7 or was guaranteed Federal financial assistance 

8 for any program or activity; 

9 (ii) is purchased by a person or entity 

10 using amounts that are provided or guaranteed 

11 under a program that provides Federal finan12 cial assistance for homeownership; or 

13 (iii) is offered for purchase by a person or 

14 entity using amounts that are provided or guar15 anteed under a program that provides Federal 

16 financial assistance for homeownership; and 

17 (D) is made available for first occupancy 

18 after the expiration of the 30-month period be19 ginning on the date of the enactment of this 

20 Act. 

21 (4) DEPARTMENT.—The term ‘‘Department’’ 

22 means the Department of Housing and Urban De23 velopment. 

24 (5) FEDERAL FINANCIAL ASSISTANCE.—The 

25 term ‘‘Federal financial assistance’’ means— 


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1 (A) any assistance that is provided or oth2 erwise made available by the Federal National 

3 Mortgage Association, the Federal Home Loan 

4 Mortgage Corporation, any Federal Home Loan 

5 Bank, the Secretary of Housing and Urban De6 velopment, the Secretary of Veterans Affairs, or 

7 any program or activity of the Department of 

8 Housing and Urban Development or the De9 partment of Veterans Affairs, through any 

10 grant, loan, insurance, guarantee, contract, or 

11 any other arrangement, after the expiration of 

12 the 1-year period beginning on the date of the 

13 enactment of this Act, including— 

14 (i) a grant, subsidy, or any other 

15 funds; 

16 (ii) real or personal property or any 

17 interest in or use of such property, includ18 ing— 

19 (I) transfers or leases of the 

20 property for less than the fair market 

21 value or for reduced consideration; 

22 and 

23 (II) proceeds from a subsequent 

24 transfer or lease of the property if the 

25 Federal share of the fair market value 


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1 is not returned to the Federal Govern2 ment; 

3 (iii) any tax credit, mortgage or loan 

4 guarantee, or insurance; and 

5 (iv) community development funds in 

6 the form of obligations guaranteed under 

7 section 108 of the Housing and Commu8 nity Development Act of 1974 (42 U.S.C. 

9 5308); and 

10 (B) any assistance that is provided or oth11 erwise made available by the Secretary of Agri12 culture under title V of the Housing Act of 

13 1949 (42 U.S.C. 1471 et seq.). 

14 (6) INDIVIDUAL WITH A DISABILITY.—The term 

15 ‘‘individual with a disability’’ means an individual 

16 with a disability, as defined in section 3 of the 

17 Americans with Disabilities Act of 1990 (42 U.S.C. 

18 12102). 

19 (7) INDIVIDUALS WITH DISABILITIES.—The 

20 term ‘‘individuals with disabilities’’ means more than 

21 1 individual with a disability. 

22 (8) PERSON OR ENTITY.—The term ‘‘person or 

23 entity’’ includes 1 or more individuals, corporations 

24 (including not-for-profit corporations), partnerships, 

25 associations, labor organizations, legal representaVerDate Sep 11 2014 00:37 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2889.IS S2889

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1 tives, mutual corporations, joint-stock companies, 

2 trusts, unincorporated associations, trustees, trust3 ees in cases under title 11 of the United States 

4 Code, receivers, and fiduciaries. 

5 (9) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Housing and Urban Development. 

7 (10) UNIVERSAL HOME DESIGN.—The term 

8 ‘‘universal home design’’ means the inclusion of ar9 chitectural and other landscaping features that allow 

10 basic access to and within a residential dwelling by 

11 an individual with a disability who cannot climb 

12 stairs, including an individual who uses a mobility 

13 device such as a wheelchair. 

14 SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN 

15 GUIDELINES. 

16 (a) IN GENERAL.—Not later than 18 months after 

17 the date of enactment of this Act, the Access Board, in 

18 consultation with the Secretary, shall develop and issue 

19 guidelines setting forth the minimum technical criteria 

20 and scoping requirements for a covered dwelling unit to 

21 be in compliance with universal home design under this 

22 Act. 

23 (b) UNIVERSAL HOME DESIGN FEATURES COV24 ERED.—The guidelines required to be developed and 

25 issued under subsection (a) shall include, at a minimum, 


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1 basic access to a covered dwelling unit and to not less than 

2 1 level within such covered dwelling unit, including— 

3 (1) an accessible entrance located on an acces4 sible path from the public street or driveway; 

5 (2) accessible interior doors with sufficient clear 

6 width and accessible thresholds; 

7 (3) accessible environmental controls on the 

8 wall; 

9 (4) at least 1 accessible indoor room that has 

10 an area of not less than 70 square feet and contains 

11 no side or dimension narrower than 7 feet; 

12 (5) an accessible bathroom with— 

13 (A) an accessible sink and toilet; and 

14 (B) reinforced walls that permit the instal15 lation of grab bars; and 

16 (6) a kitchen space— 

17 (A) with accessible food preparation, wash18 ing, and storage areas; and 

19 (B) that can easily be further adapted to 

20 accommodate an individual with a disability. 

21 (c) REGULATIONS.—Not later than 6 months after 

22 the date on which the guidelines are issued under sub23 section (a), the Secretary shall issue regulations, in an ac24 cessible format— 

25 (1) to carry out the provisions of this Act; and 


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1 (2) that include accessibility standards that are 

2 consistent with the guidelines issued under sub3 section (a). 

4 (d) REVIEW AND AMENDMENT.— 

5 (1) ACCESS BOARD.—The Access Board, in 

6 consultation with the Secretary, shall— 

7 (A) periodically review and, as appropriate, 

8 amend the guidelines issued under subsection 

9 (a); and 

10 (B) issue such amended guidelines as re11 vised guidelines. 

12 (2) SECRETARY.—Not later than 6 months 

13 after the date on which revised guidelines are issued 

14 under paragraph (1)(B), the Secretary shall issue 

15 revised regulations that are consistent with such re16 vised guidelines. 

17 SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN 

18 NEW CONSTRUCTION. 

19 It shall be unlawful for any person described in 

20 clauses (i), (ii), and (iii) of section 2(3)(C), with respect 

21 to a covered dwelling unit, to fail to ensure that the cov22 ered dwelling unit complies with the universal home design 

23 guidelines established under section 3. 


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1 SEC. 5. ENFORCEMENT. 

2 (a) REQUIREMENT FOR FEDERAL FINANCIAL AS3 SISTANCE.—Each applicant for Federal financial assist4 ance that is to be used for a covered dwelling unit shall 

5 submit to the agency providing such Federal financial as6 sistance an assurance, at such time and in such manner 

7 as the head of the agency may require, verifying that the 

8 applicant is in compliance with the universal home design 

9 guidelines established under section 3 with respect to the 

10 covered dwelling unit. 

11 (b) CIVIL ACTION FOR PRIVATE PERSONS.—Any per12 son aggrieved by an act or omission that is unlawful under 

13 section 3 or 4 may commence a civil action in an appro14 priate United States district court against any person or 

15 entity responsible for any part of the design, construction, 

16 or sale of a covered dwelling unit. 

17 (c) ENFORCEMENT BY ATTORNEY GENERAL.— 

18 Whenever the Attorney General has reasonable cause to 

19 believe that any person or group of persons has violated 

20 section 3 or 4, the Attorney General may commence a civil 

21 action in any appropriate United States district court. The 

22 Attorney General may also, upon timely application, inter23 vene in any civil action brought under subsection (b) by 

24 a private person if the Attorney General certifies that the 

25 case is of general public importance. 


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1 (d) RELIEF.—In any civil action brought under sub2 section (b) or (c), if the court finds that a violation of 

3 section 3 or 4 of this Act has occurred or is about to occur, 

4 it may award to the plaintiff actual and punitive damages, 

5 and may grant as relief, as the court finds appropriate, 

6 any permanent or temporary injunction, temporary re7 straining order, or other order (including an order enjoin8 ing the defendant from violating section 3 or 4 of this Act 

9 or ordering such affirmative action as may be appro10 priate). 

11 (e) ATTORNEY’S FEES.—In any civil action brought 

12 under subsection (b) or (c), the court, in its discretion, 

13 may allow the prevailing party, other than the United 

14 States, a reasonable attorney’s fee and costs. 

15 (f) VIOLATIONS.—For purposes of this section, a vio16 lation involving a covered dwelling unit that is not de17 signed or constructed in conformity with the universal 

18 home design guidelines established under section 3 shall 

19 not be considered to terminate until the violation is cor20 rected. 

21 SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOP22 MENT. 

23 (a) ESTABLISHMENT.—Not later than 60 days after 

24 the date of enactment of this Act, the Secretary shall esVerDate Sep 11 2014 00:37 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2889.IS S2889

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1 tablish in the Department an Office of Accessible Housing 

2 and Development. 

3 (b) DIRECTOR.—The Office of Accessible Housing 

4 and Development shall be headed by a Director of Acces5 sible Housing and Development, who shall be— 

6 (1) appointed by the Secretary; 

7 (2) an individual with substantial knowledge of 

8 individuals with disabilities and universal design; 

9 and 

10 (3) responsible for implementing the respon11 sibilities described in subsection (c). 

12 (c) RESPONSIBILITIES.— 

13 (1) INFORMATION DISSEMINATION.—The Office 

14 of Accessible Housing and Development shall dis15 seminate information to inform the public about the 

16 importance of universal home design by— 

17 (A) sharing information and resources 

18 about the requirements under this Act, the Fair 

19 Housing Act (42 U.S.C. 3601 et seq.), section 

20 504 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 794), and the Americans with Disabil22 ities Act (42 U.S.C. 12101 et seq.); and 

23 (B) creating a website in accordance with 

24 section 508 of the Rehabilitation Act of 1973 

25 (29 U.S.C. 794d) to facilitate the dissemination 


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1 of information and resources under subpara2 graph (A). 

3 (2) SURVEYING THE AVAILABILITY OF AFFORD4 ABLE AND ACCESSIBLE HOUSING.—Not later than 

5 180 days after the date of enactment of this Act, the 

6 Office of Accessible Housing and Development shall 

7 conduct a study and submit to the Secretary a re8 port on the number of covered dwelling units and 

9 other housing units that are accessible to individuals 

10 with disabilities in each State, disaggregated by type 

11 of housing, cost, and location. 

12 (3) PROMOTING UNIVERSAL HOME DESIGN.— 

13 The Office of Accessible Housing and Development 

14 shall— 

15 (A) help monitor progress and compliance 

16 with the universal home design guidelines estab17 lished under section 3; 

18 (B) submit to the Secretary an annual re19 port detailing compliance with the universal 

20 home design guidelines established under sec21 tion 3, including the number of covered dwelling 

22 units that were built in each State that were in 

23 compliance with such guidelines; 


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1 (C) coordinate with, and provide technical 

2 assistance to, the Department of Justice to as3 sist in the enforcement of this Act; and 

4 (D) perform any other duties as the Sec5 retary may determine appropriate. 

6 SEC. 7. SEVERABILITY. 

7 If any provision of this Act of the application thereof 

8 to any person or circumstances is held invalid, the remain9 der of the Act and the application of the provision to other 

10 persons not similarly situated shall not be affected there11 by. 

Æ 


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