I 
107TH CONGRESS 
2D SESSION 
H. R. 5683
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 
OCTOBER 16, 2002
Ms. SCHAKOWSKY introduced the following bill; which was referred to the 
Committee on Financial Services, and in addition to the Committees on 
Agriculture, and Veterans’ Affairs, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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 ‘‘Inclusive Home Design 
Act of 2002’’. 
SEC. 2. DEFINITIONS. 
As used in this Act:
(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 de-
sign or construction, by any person or entity 
who, at any time during the design or construc-
tion, 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 be-
ginning on the date of the enactment of this 
Act. 
(2) ENVIRONMENTAL
CONTROLS.—The term 
‘‘environmental controls’’ means, for a dwelling unit, 
any switches or devices that control or regulate 
lights, temperature, fuses, fans, doors, security sys-
tem features, or any other feature included in the 
new construction of the unit. 
(3) FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘‘Federal financial assistance’’ means any as-
sistance that is provided or otherwise made available 
by the Secretary of Housing and Urban Develop-
ment, the Secretary of Agriculture, 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 enact-
ment of this Act, including—
(A) grants, subsidies, or any other funds; 
(B) services of Federal personnel; 
(C) real or personal property or any inter-
est 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 trans-
fer or lease of the property if the Federal 
share of its fair market value is not re-
turned to the Federal Government; 
(D) any tax credit, mortgage or loan guar-
antee or insurance; and
(E) community development funds in the 
form of obligations guaranteed under section 
108 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5308). 
(4) 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(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, peo-
ple with disabilities; 
(ii) does not contain any steps or any 
rise that exceeds one-half inch; and
(iii) is located on a continuous unob-
structed path from the entrance of the 
building that contains or consists of the 
dwelling unit to the street, which path (I) 
can be negotiated by a person with a dis-
ability who uses a wheelchair, (II) is safe 
for and usable by people with other disabil-
ities and people without disabilities, and 
(III) may include curb ramps, parking ac-
cess aisles, walks, ramps and lifts. 
(B) EXCEPTION.—The provisions of sub-
paragraph (A) shall not apply to a covered 
dwelling unit if such compliance with the re-
quirements under such subparagraph would be 
severely impractical because of the terrain or 
unusual physical limitations of the site of the 
dwelling 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—
(A) no higher than 48 inches and no lower 
than 15 inches on the wall; and 
(B) in the case of environmental controls 
located directly above a counter, sink, or appli-
ance, no higher than three inches above such 
counter, sink, or appliance. 
(4) ACCESSIBLE HABITABLE SPACE AND BATH-
ROOM.—The level shall contain—
(A) at least one indoor room that has an 
area of not less than 70 square feet and con-
tains no side or dimension narrower than seven 
feet; and 
(B) at least one bathroom that contains, at 
a minimum, a toilet, sink, and walls that are re-
inforced to allow for the later installation of 
grab bars. 
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 who designs, con-
structs, or commissions, contracts, or otherwise ar-
ranges for design or construction, of a covered dwell-
ing 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 construc-
tion plans for compliance with generally applicable 
building codes or requirements (in this subsection 
referred to as the ‘‘appropriate State or local agen-
cy’’). 
(2) DETERMINATION OF COMPLIANCE.—
(A) 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 (B).
(B) 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 
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 per-
son aggrieved by an act that is unlawful under this Act 
may commence a civil action in an appropriate United 
States District Court or State court no later than two 
years after the occurrence or termination of any alleged 
unlawful conduct under this Act. For purposes of this sec-
tion, a violation involving a covered dwelling unit that is 
not designed or constructed in conformity with the re-
quirements 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 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) 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. 
(g) 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. REGULATIONS AND MINIMUM GUIDELINES. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Housing and Urban Develop-
ment, the Secretary of Agriculture, and the Secretary of 
Veterans Affairs shall issue any regulations necessary to 
carry out this Act. The Architectural and Transportation 
Barriers Compliance Board established under section 502 
of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall 
establish and maintain minimum guidelines and require-
ments for the standards issued pursuant to this Act. The 
Code Requirements for Housing Accessibility established 
by the International Council Code may be used as the 
basis for such guidelines and requirements. 
SEC. 6. 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. 7. 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. 8. 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.
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