I 
113TH CONGRESS 
1ST SESSION H. R. 2352 
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 
JUNE 13, 2013 
Ms. SCHAKOWSKY (for herself, Mr. CARSON of Indiana, Mr. ELLISON, Mr. 
LANGEVIN, Ms. MOORE, Ms. NORTON, and Mr. RANGEL) 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 stand-
ards of visitability for persons with disabilities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eleanor Smith Inclu-
sive Home Design Act of 2013’’. 
SEC. 2. DEFINITIONS. 
As used in this Act: 
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(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’’). 
(2) DETERMINATION OF COMPLIANCE.— 
(A) ENFORCEMENT
ACTIONS.—The en-
forcement actions under this subparagraph 
are— 
(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 
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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 may not provide any Fed-
eral financial assistance under any program ad-
ministered 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 (A). 
(c) CIVIL ACTION FOR PRIVATE PERSONS.— 
(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 
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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 
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 
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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 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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