(1) 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 struc-
tures), or a ground-floor unit in a building of 
three or fewer dwelling units; 
(B) is designed as, or intended for occu-
pancy as, a residence; 
(C) was designed, constructed, or commis-
sioned, contracted or otherwise arranged for 
construction, by any person or entity who, at 
any time before the design or construction, re-
ceived or was guaranteed Federal financial as-
sistance for any program or activity; and 
(D) is made available for first occupancy 
after the expiration of the one-year period be-
ginning on the date of the enactment of this 
Act. 
(2) FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘‘Federal financial assistance’’ means— 
(A) any assistance that is provided or oth-
erwise made available by the Secretary of Hous-
ing and Urban Development or the Secretary of 
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Veterans Affairs, or any program or activity or 
such agencies, through any grant, loan, con-
tract, or any other arrangement, after the expi-
ration 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, includ-
ing— 
(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 Govern-
ment; 
(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 Commu-
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nity Development Act of 1974 (42 U.S.C. 
5308); or 
(B) any assistance that is provided or oth-
erwise made available by the Secretary of Agri-
culture under title V of the Housing Act of 
1949 (42 U.S.C. 1471 et seq.). 
(3) PERSON OR ENTITY.—The term ‘‘person or 
entity’’ includes one or more individuals, corpora-
tions (including not-for-profit corporations), partner-
ships, associations, labor organizations, legal rep-
resentatives, mutual corporations, joint-stock compa-
nies, 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 sec-
tion 2(1)(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 Standards for Type C (Visit-
able) Units of the American National Standards Institute 
(ANSI) Standards for Accessible and Usable Buildings 
and Facilities (1005–ICC ANSI A117.1–2009) and any 
future revisions thereto. 
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SEC. 4. ENFORCEMENT. 
(a) REQUIREMENT FOR FEDERAL FINANCIAL AS-
SISTANCE.—Each applicant for Federal financial assist-
ance shall submit an assurance to the Federal agency re-
sponsible for such assistance that all of its programs and 
activities will be conducted in compliance with this Act. 
(b) APPROVAL OF ARCHITECTURAL AND CONSTRUC-
TION PLANS.— 
(1) SUBMISSION.—Any applicant for or recipi-
ent of Federal financial assistance for a covered 
dwelling unit shall submit for approval the architec-
tural and construction plans for such unit to the 
State or local department or agency that is respon-
sible, under applicable State or local law, for the re-
view and approval of construction plans for compli-
ance with generally applicable building codes or re-
quirements (in this subsection referred to as the 
‘‘appropriate State or local agency’’). Such submis-
sion shall include notice that Federal financial as-
sistance within the meaning given such term for pur-
poses of this Act has been applied for or received for 
the covered dwelling unit. 
(2) DETERMINATION OF COMPLIANCE.— 
(A) ENFORCEMENT
ACTIONS.—The en-
forcement actions under this subparagraph 
are— 
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(i) reviewing any plans for a covered 
dwelling unit submitted pursuant to para-
graph (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. 
(B) CONDITION OF FEDERAL HOUSING AS-
SISTANCE.—The Secretary of Housing and 
Urban Development, the Secretary of Agri-
culture, and the Secretary of Veterans Affairs 
may not provide any Federal financial assist-
ance 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 involved, 
taking the enforcement actions under subpara-
graph (A). 
(c) CIVIL ACTION FOR PRIVATE PERSONS.— 
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(1) ACTION.—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 per-
son 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. 
(2) LIABILITY.—In any action under this sub-
section for a violation involving architectural or con-
struction plans for a covered dwelling unit that were 
approved by the appropriate State or local depart-
ment or agency— 
(A) if such approved plans violate this Act 
and any construction on such dwelling that vio-
lates this Act was performed in accordance with 
such approved plans, such State or local depart-
ment or agency shall be liable for such con-
struction in violation; and 
(B) if such approved plans comply with 
this Act and any construction on such dwelling 
violates this Act, the person or entity respon-
sible for the construction shall be liable for such 
construction in violation. 
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(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 ac-
tion in any appropriate United States district court. The 
Attorney General may also, upon timely application, inter-
vene 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 re-
straining order, or other order (including an order enjoin-
ing the defendant from violating the Act or ordering such 
affirmative action as may be appropriate). 
(f) VIOLATIONS.—For purposes of this section, a vio-
lation involving a covered dwelling unit that is not de-
signed or constructed in conformity with the requirements 
of this Act shall not be considered to terminate until the 
violation is corrected. 
(g) ATTORNEY’S FEES.—In any civil action brought 
under this section, the court, in its discretion, may allow 
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the prevailing party, other than the United States, a rea-
sonable 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 con-
summated 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. 
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SEC. 7. SEVERABILITY OF PROVISIONS. 
If any provision of this Act of the application thereof 
to any person or circumstances is held invalid, the remain-
der of the Act and the application of the provision to other 
persons not similarly situated shall not be affected there-
by. 
Æ 
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