I 
111TH CONGRESS 
1ST SESSION H. R. 1408 
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 
MARCH 10, 2009 
Ms. SCHAKOWSKY (for herself, Mr. FARR, Mr. MCGOVERN, Ms. BORDALLO, 
Mr. GUTIERREZ, and Mr. KIRK) 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 ‘‘Inclusive Home Design 
Act of 2009’’. 
SEC. 2. DEFINITIONS. 
As used in this Act: 
(1) ACCESSIBLE ROUTE.—The term ‘‘accessible 
route’’ means a continuous unobstructed path that— 
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(A) can be negotiated by a person with a 
disability using a wheelchair; and 
(B) is safe for and usable by people with 
other disabilities and people without disabilities. 
(2) 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. 
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(3) ENVIRONMENTAL
CONTROLS.—The term 
‘‘environmental controls’’ means, for a dwelling unit, 
any switches or devices that control or regulate 
lights, temperature, fans, doors, security system fea-
tures, or any other feature included in the new con-
struction of the unit. 
(4) 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 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 
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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-
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.). 
(5) 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, 
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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 such that all rooms on 
the level are connected by an accessible 
route; 
(ii) does not contain any steps or any 
door threshold that exceeds one-half inch 
in height; and 
(iii) is located on a continuous unob-
structed path from the public street or 
driveway that serves the unit, which 
path— 
(I) at no point has a slope ex-
ceeding one inch in rise for every 12 
inches in length; 
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(II) has a width of not less than 
36 inches; 
(III) has a cross slope not great-
er than two percent of the width; 
(IV) is an accessible route; and 
(V) may include curb ramps, 
parking access aisles, walks, and 
ramps. 
(B) 
EXCEPTIONS.—The 
provisions 
of 
clauses (ii) and (iii) of subparagraph (A) shall 
not apply to a covered dwelling unit if— 
(i) the finished grade of the site is too 
steep to provide a path having a slope 
meeting the requirements of subclause (I) 
of subparagraph (A)(iii) at the front, side, 
or back of the unit; 
(ii) there is no driveway serving the 
unit; and 
(iii) there is no alley or other roadway 
capable of providing vehicular access to the 
rear of the 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. 
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(3) ACCESSIBLE ENVIRONMENTAL CONTROLS.— 
All environmental controls located on the level shall 
be located on the wall— 
(A) at least 15 inches, but not more than 
48 inches, above the floor; or 
(B) in the case of environmental controls 
located directly above a counter, sink, or appli-
ance, not more than three inches above such 
counter, sink, or appliance. 
(4) ACCESSIBLE HABITABLE SPACE AND BATH-
ROOM.—The level shall contain the following: 
(A) HABITABLE SPACE.—At least one in-
door room that has an area of not less than 70 
square feet and contains no side or dimension 
narrower than seven feet. 
(B) BATHROOM.—At least one bathroom 
that contains, at a minimum, the following: 
(i) CLEAR FLOOR SPACE.—Clear floor 
space of 30 by 48 inches centered on and 
contiguous to the sink, which is not en-
croached by the swing path of the bath-
room door. 
(ii) ACCESSIBLE SINK AND TOILET.— 
A sink and a toilet that each allow for a 
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parallel or head-on approach by a person 
in a wheelchair. 
(iii) REINFORCED WALLS.—Walls that 
are reinforced to be capable of supporting 
grab bars that resist shear and bending 
forces of a minimum of 250 pounds, as fol-
lows: 
(I) All walls adjacent to the toilet 
shall have horizontal backing rein-
forcements, each at least 33 inches, 
but not more than 36 inches, above 
the floor, and sufficient to allow for a 
24-inch grab bar on the wall behind 
the toilet and another 42-inch grab 
bar. 
(II) If a bathtub is present in the 
bathroom, such reinforcements shall 
include (aa) two backing reinforce-
ments on the back wall of the bath-
tub, each at least 24 inches long and 
not more than 24 inches from the 
head end wall and not more than 12 
inches from the foot end wall, one in 
a horizontal position at least 33 
inches, but not more than 36 inches, 
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above the floor, and one 9 inches 
above the rim of the bathtub, (bb) one 
backing reinforcement on the foot end 
wall of the bathtub, at least 24 inches 
long and located at the front edge of 
the bathtub, and (cc) one backing re-
inforcement on the head end wall of 
the bathtub, at least 12 inches long 
and located at the front edge of the 
bathtub. 
(III) If a shower is present in the 
bathroom, such reinforcements shall 
include backing reinforcements on at 
least two walls on which the control 
valve is not located, each at least 33 
inches, but not more than 36 inches, 
above the floor. 
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.— 
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(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). 
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(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 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 
person 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. For purposes of this sec-
tion, a violation involving a covered dwelling unit that is 
not designed or constructed in conformity with the re-
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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. 
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