,i #aacth ,,congress #ast ,session ,h4 ,r4 #bceb ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjac ,ms4 ,schakowsky 7for herself1 ,mr4 ,carson of ,indiana1 ,mr4 ,ellison1 ,mr4 ,langevin1 ,ms4 ,moore1 ,ms4 ,norton1 and ,mr4 ,rangel7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to require all newly constructed1 federally assisted1 single-family houses and town houses to meet minimum standards of visitability for persons with disabilities4 #a4 ,short title ,this ,act may be cited as the ,eleanor ,smith ,inclusive ,home ,design ,act of #bjac4 #b4 ,definitions ,as used in this ,act3 7#a7 ,covered dwelling unit ,the term covered dwelling unit means a dwelling unit that-- 7,a7 is a detached single family house1 a townhouse or multi-level dwelling unit 7whether detached or attached to other units or structures71 or a ground-floor unit in a building of three or fewer dwelling units2 7,b7 is designed as1 or intended for occupancy as1 a residence2 7,c7 was designed1 constructed1 or commissioned1 contracted or otherwise arranged for construction1 by any person or entity who1 at any time before the design or construction1 received or was guaranteed ,federal financial assistance for any program or activity2 and 7,d7 is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this ,act4 7#b7 ,federal financial assistance ,the term ,federal financial assistance means-- 7,a7 any assistance that is provided or otherwise made available by the ,secretary of ,housing and ,urban ,development or the ,secretary of ,veterans ,affairs1 or any program or activity or such agencies1 through any grant1 loan1 contract1 or any other arrangement1 after the expiration of the one-year period beginning on the date of the enactment of this ,act1 including-- 7i7 grants1 subsidies1 or any other funds2 7ii7 services of ,federal personnel2 7iii7 real or personal property or any interest in or use of such property1 including-- 7,i7 transfers or leases of the property for less than the fair market value or for reduced consideration2 and 7,,ii7 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 ,government2 7iv7 any tax credit1 mortgage or loan guarantee or insurance2 and 7v7 community development funds in the form of obligations guaranteed under section #ajh of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjh72 or 7,b7 any assistance that is provided or otherwise made available by the ,secretary of ,agriculture under title ,v of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga et seq474 7#c7 ,person or entity ,the term person or entity includes one or more individuals1 corporations 7including not-for-profit corporations71 partnerships1 associations1 labor organizations1 legal representatives1 mutual corporations1 joint-stock companies1 trusts1 unincorporated associations1 trustees1 trustees in cases under title #aa of the ,united ,states ,code1 receivers1 and fiduciaries4 #c4 ,visitability requirement ,it shall be unlawful for any person referred to in section #b7a77;,c7 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 7,visitable7 ,units of the ,american ,national ,standards ,institute 7,,ansi7 ,standards for ,accessible and ,usable ,buildings and ,facilities 7#ajje-;,,icc ,,ansi ,a#aag4a-bjji7 and any future revisions thereto4 #d4 ,enforcement 7a7 ,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 ,act4 7b7 ,approval of architectural and construction plans 7#a7 ,submission ,any applicant for or recipient of ,federal financial assistance for a covered dwelling unit shall submit for approval the architectural and construction plans for such unit to the ,state or local department or agency that is responsible1 under applicable ,state or local law1 for the review and approval of construction plans for compliance with generally applicable building codes or requirements 7in this subsection referred to as the appropriate ,state or local agency74 7#b7 ,determination of compliance 7,a7 ,enforcement actions ,the enforcement actions under this subparagraph are-- 7i7 reviewing any plans for a covered dwelling unit submitted pursuant to paragraph 7#a7 and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this ,act2 and 7ii7 consistent with applicable ,state or local laws and procedures1 withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined4 7,b7 ,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 7or any agency thereof7 unless the appropriate ,state or local agency thereof is1 in the determination of the ,secretary1 taking the enforcement actions under subparagraph 7,a74 7c7 ,civil action for private persons 7#a7 ,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 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 ,act4 7#b7 ,liability ,in any action under this subsection for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate ,state or local department or agency-- 7,a7 if such approved plans violate this ,act and any construction on such dwelling that violates this ,act was performed in accordance with such approved plans1 such ,state or local department or agency shall be liable for such construction in violation2 and 7,b7 if such approved plans comply with this ,act and any construction on such dwelling violates this ,act1 the person or entity responsible for the construction shall be liable for such construction in violation4 7d7 ,enforcement by ,attorney ,general ,whenever the ,attorney ,general has reasonable cause to believe that any person or group of persons has violated this ,act1 the ,attorney ,general may commence a civil action in any appropriate ,united ,states district court4 ,the ,attorney ,general may also1 upon timely application1 intervene in any civil action brought under subsection 7c7 by a private person if the ,attorney ,general certifies that the case is of general public importance4 7e7 ,relief ,in any civil action brought under this section1 if the court finds that a violation of this title has occurred or is about to occur1 it may award to the plaintiff actual and punitive damages1 and subject to subsection 7g71 may grant as relief1 as the court finds appropriate1 any permanent or temporary injunction1 temporary restraining order1 or other order 7including an order enjoining the defendant from violating the ,act or ordering such affirmative action as may be appropriate74 7f7 ,violations ,for purposes of this section1 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 corrected4 7g7 ,attorney's fees ,in any civil action brought under this section1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee and costs4 7h7 ,effect on certain sales1 encumbrances1 and rentals ,relief granted under this section shall not affect any contract1 sale1 encumbrance1 or lease consummated before the granting of such relief and involving a bona fide purchaser1 encumbrancer1 or tenant1 without actual notice of a civil action under this title4 #e4 ,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 ,state1 or of any other jurisdiction in which this ,act shall be effective1 that grants1 guarantees1 or provides the same rights1 protections1 and requirements as are provided by this ,act1 but any law of a ,state1 a political subdivision thereof1 or other such jurisdiction that purports to require or permit any action that would violate this ,act shall to that extent be invalid4 #f4 ,disclaimer of preemptive effect on other acts ,nothing in this ,act shall limit any right1 procedure1 or remedy available under the ,constitution or any other ,act of the ,congress4 #g4 ,severability of provisions ,if any provision of this ,act of the application thereof to any person or circumstances is held invalid1 the remainder of the ,act and the application of the provision to other persons not similarly situated shall not be affected thereby4