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108th CONGRESS
1st Session
H. R. 2353
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 5, 2003
Ms. Schakowsky (for herself, Ms. Slaughter, Ms. Lee, Ms. Woolsey, Mr.
Farr, and Ms. Kilpatrick) introduced the following bill; which was
referred to the Committee on Financial Services, and in addition to the
Committee on Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
To require all newly constructed, federally assisted, single-family
houses and town houses to meet minimum standards of visitability for
persons with disabilities.
Be it enacted by the Senate and House of Representatives 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 2003''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Accessible route.--The term ``accessible route'' means
a continuous unobstructed path that--
(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 structures), or a ground-
floor unit in a building of three or fewer dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C) was designed, constructed, or commissioned,
contracted or otherwise arranged for design or
construction, by any person or entity who, at any time
during the design or construction, 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 beginning on the date
of the enactment of this Act.
(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 features, or any other feature included in the
new construction of the unit.
(4) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Secretary of Housing and Urban
Development 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 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,
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
transfer or lease of the property if
the Federal share of its fair market
value is not returned to the Federal
Government;
(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 Community Development Act of
1974 (42 U.S.C. 5308); or
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture 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, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, 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 section 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, people
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
unobstructed path from the public street or
driveway that serves the unit, which path--
(I) at no point has a slope
exceeding one inch in rise for every 12
inches in length;
(II) has a width of not less than
36 inches;
(III) has a cross slope not greater
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.
(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 appliance, not more
than three inches above such counter, sink, or
appliance.
(4) Accessible habitable space and bathroom.--The level
shall contain the following:
(A) Habitable space.--At least one indoor 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 encroached by the
swing path of the bathroom door.
(ii) Accessible sink and toilet.--A sink
and a toilet that each allow for a 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 follows:
(I) All walls adjacent to the
toilet shall have horizontal backing
reinforcements, 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 reinforcements
on the back wall of the bathtub, 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, 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 reinforcement 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 Assistance.--Each applicant
for Federal financial assistance shall submit an assurance to the
Federal agency responsible for such assistance that all of its programs
and activities will be conducted in compliance with this Act.
(b) Approval of Architectural and Construction Plans.--
(1) Submission.--Any applicant for or recipient of Federal
financial assistance who designs, constructs, or commissions,
contracts, or otherwise arranges for design or construction of
a covered dwelling 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 construction
plans for compliance with generally applicable building codes
or requirements (in this subsection referred to as the
``appropriate State or local agency'').
(2) Determination of compliance.--
(A) Condition of federal housing assistance.--The
Secretary of Housing and Urban Development may not
provide any Federal financial assistance 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,
taking the enforcement actions under subparagraph (B).
(B) Enforcement actions.--The enforcement actions
under this subparagraph are--
(i) reviewing any plans for a covered
dwelling unit submitted pursuant to paragraph
(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 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 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 section, a violation involving a covered
dwelling unit that is not designed or constructed in conformity with
the requirements 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 action in
any appropriate United States district court. The Attorney General may
also, upon timely application, intervene 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
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) 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 reasonable 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 consummated 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
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