I 
117TH CONGRESS 
1ST SESSION H. R. 4695 
To require all newly constructed, federally assisted, single-family houses and 
townhouses to meet minimum standards of visitability for persons with 
disabilities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2021 
Ms. SCHAKOWSKY (for herself, Mr. LANGEVIN, Mr. COHEN, Mr. GRIJALVA, 
Ms. MCCOLLUM, and Mr. SAN NICOLAS) 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 townhouses 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 2021’’. 
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— 
(i) a detached single-family house; 
(ii) a townhouse or multi-level dwell-
ing 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 occu-
pancy as, a residence; 
(C) was designed, constructed, or commis-
sioned, contracted, or otherwise arranged for 
construction, by any person or entity that, at 
any time before the design or construction, re-
ceived or was guaranteed Federal financial as-
sistance for any program or activity relating to 
the design, construction, or commissioning, con-
tracting, 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. 
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(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 
Veterans Affairs, or under any program or ac-
tivity of the Department of Housing and Urban 
Development or the Department of Veterans 
Affairs, 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— 
(i) a grant, a subsidy, or any other 
funds; 
(ii) service provided by a Federal em-
ployee; 
(iii) real or personal property or any 
interest in or use of such property, includ-
ing— 
(I) a transfer or lease 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 
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Federal share of the fair market value 
is not returned to the Federal Govern-
ment; 
(iv) any— 
(I) tax credit; or 
(II) mortgage or loan guarantee 
or insurance; and 
(v) community development funds in 
the form of an obligation guaranteed under 
section 108 of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C. 
5308); and 
(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 an individual, corporation (including 
a not-for-profit corporation), partnership, associa-
tion, labor organization, legal representative, mutual 
corporation, joint-stock company, trust, unincor-
porated association, trustee, trustee in a case under 
title 11, United States Code, receiver, or fiduciary. 
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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 com-
plies 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 ICC ANSI 
A117.1–2009) or any successor standard. 
SEC. 4. ENFORCEMENT. 
(a) REQUIREMENT FOR FEDERAL FINANCIAL AS-
SISTANCE.—An applicant for Federal financial assistance 
shall submit an assurance to the Federal agency respon-
sible for the assistance that each program or activity of 
the applicant will be conducted in compliance with this 
Act. 
(b) APPROVAL OF ARCHITECTURAL, INTERIOR DE-
SIGN, AND CONSTRUCTION PLANS.— 
(1) SUBMISSION.— 
(A) IN GENERAL.—An applicant for or re-
cipient of Federal financial assistance for the 
design, construction, or commissioning, con-
tracting, or other arrangement for construction, 
of a covered dwelling unit shall submit for ap-
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proval 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 re-
view and approval of construction and design 
plans for compliance with generally applicable 
building codes or requirements (in this sub-
section referred to as the ‘‘appropriate State or 
local agency’’). 
(B) NOTICE
INCLUDED.—In submitting 
plans under subparagraph (A), a person or enti-
ty shall include notice that the person or entity 
has applied for or received Federal financial as-
sistance, as defined in this Act, with respect to 
the covered dwelling unit. 
(2) DETERMINATION OF COMPLIANCE.— 
(A) 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 the 
Secretary involved to a State or unit of general 
local government (or any agency thereof) unless 
the appropriate State or local agency thereof is, 
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in the determination of the Secretary involved, 
taking the enforcement actions under subpara-
graph (B). 
(B) ENFORCEMENT
ACTIONS.—The en-
forcement 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 de-
termines compliance as described in clause 
(i). 
(c) CIVIL ACTION FOR PRIVATE PERSONS.— 
(1) ACTION.—Not later than 2 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 or 
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State court against any person or entity responsible 
for any part of the design or construction of the cov-
ered 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 respon-
sible 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 Gen-
eral may bring a civil action in an appropriate dis-
trict court of the United States. 
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(2) INTERVENTION IN PRIVATE ACTION.—The 
Attorney General may, upon timely application, in-
tervene in any civil action brought under subsection 
(c) by a private person if the Attorney General cer-
tifies 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 puni-
tive damages; and 
(2) subject to subsection (g), may grant as re-
lief, 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) VIOLATIONS.—For purposes of this section, a vio-
lation involving a covered dwelling unit that is not de-
signed or constructed in accordance with 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. 
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(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 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 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 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 remain-
ing provisions of this Act and the application of those pro-
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visions to other persons or circumstances shall not be af-
fected thereby. 
Æ 
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