S. 2889 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2889 IN THE SENATE OF THE UNITED STATES September 18, 2014 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require compliance with established universal home design guidelines, and for other purposes. 1. Short title This Act may be cited as the Universal Home Design Act of 2014. 2. Definitions In this Act: (1) Accessible The term accessible (except when used in the context of accessible format) means— (A) consistent with— (i) subpart D of part 36 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) appendices B and D to part 1191 of title 36, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) independently usable by individuals with disabilities, including those who use a mobility device such as a wheelchair. (2) Access board The term Access Board means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792). (3) 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 not more than 3 dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) (i) was designed, constructed, or commissioned, contracted, or otherwise arranged for construction, by a person or entity who, at any time before the design or construction, received or was guaranteed Federal financial assistance for any program or activity; (ii) is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; or (iii) is offered for purchase by a person or entity using amounts that are provided or guaranteed under a program that provides Federal financial assistance for homeownership; and (D) is made available for first occupancy after the expiration of the 30-month period beginning on the date of the enactment of this Act. (4) Department The term Department means the Department of Housing and Urban Development. (5) Federal financial assistance The term Federal financial assistance means— (A) any assistance that is provided or otherwise made available by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, any Federal Home Loan Bank, the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any program or activity of the Department of Housing and Urban Development or the Department of Veterans Affairs, through any grant, loan, insurance, guarantee, contract, or any other arrangement, after the expiration of the 1-year period beginning on the date of the enactment of this Act, including— (i) a grant, subsidy, or any other funds; (ii) 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 the fair market value is not returned to the Federal Government; (iii) any tax credit, mortgage or loan guarantee, or insurance; and (iv) 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); and (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.). (6) Individual with a disability The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (7) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (8) Person or entity The term person or entity includes 1 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. (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) Universal home design The term universal home design means the inclusion of architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. 3. Establishment of universal home design guidelines (a) In general Not later than 18 months after the date of enactment of this Act, the Access Board, in consultation with the Secretary, shall develop and issue guidelines setting forth the minimum technical criteria and scoping requirements for a covered dwelling unit to be in compliance with universal home design under this Act. (b) Universal home design features covered The guidelines required to be developed and issued under subsection (a) shall include, at a minimum, basic access to a covered dwelling unit and to not less than 1 level within such covered dwelling unit, including— (1) an accessible entrance located on an accessible path from the public street or driveway; (2) accessible interior doors with sufficient clear width and accessible thresholds; (3) accessible environmental controls on the wall; (4) at least 1 accessible indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than 7 feet; (5) an accessible bathroom with— (A) an accessible sink and toilet; and (B) reinforced walls that permit the installation of grab bars; and (6) a kitchen space— (A) with accessible food preparation, washing, and storage areas; and (B) that can easily be further adapted to accommodate an individual with a disability. (c) Regulations Not later than 6 months after the date on which the guidelines are issued under subsection (a), the Secretary shall issue regulations, in an accessible format— (1) to carry out the provisions of this Act; and (2) that include accessibility standards that are consistent with the guidelines issued under subsection (a). (d) Review and amendment (1) Access Board The Access Board, in consultation with the Secretary, shall— (A) periodically review and, as appropriate, amend the guidelines issued under subsection (a); and (B) issue such amended guidelines as revised guidelines. (2) Secretary Not later than 6 months after the date on which revised guidelines are issued under paragraph (1)(B), the Secretary shall issue revised regulations that are consistent with such revised guidelines. 4. Use of universal home design guidelines in new construction It shall be unlawful for any person described in clauses (i), (ii), and (iii) of section 2(3)(C), with respect to a covered dwelling unit, to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section 3. 5. Enforcement (a) Requirement for Federal financial assistance Each applicant for Federal financial assistance that is to be used for a covered dwelling unit shall submit to the agency providing such Federal financial assistance an assurance, at such time and in such manner as the head of the agency may require, verifying that the applicant is in compliance with the universal home design guidelines established under section 3 with respect to the covered dwelling unit. (b) Civil action for private persons Any person aggrieved by an act or omission that is unlawful under section 3 or 4 may commence a civil action in an appropriate United States district court against any person or entity responsible for any part of the design, construction, or sale of a covered dwelling unit. (c) Enforcement by Attorney General Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated section 3 or 4, 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 (b) by a private person if the Attorney General certifies that the case is of general public importance. (d) Relief In any civil action brought under subsection (b) or (c), if the court finds that a violation of section 3 or 4 of this Act has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and 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 section 3 or 4 of this Act or ordering such affirmative action as may be appropriate). (e) Attorney's fees In any civil action brought under subsection (b) or (c), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (f) Violations For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section 3 shall not be considered to terminate until the violation is corrected. 6. Office of Accessible Housing and Development (a) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish in the Department an Office of Accessible Housing and Development. (b) Director The Office of Accessible Housing and Development shall be headed by a Director of Accessible Housing and Development, who shall be— (1) appointed by the Secretary; (2) an individual with substantial knowledge of individuals with disabilities and universal design; and (3) responsible for implementing the responsibilities described in subsection (c). (c) Responsibilities (1) Information dissemination The Office of Accessible Housing and Development shall disseminate information to inform the public about the importance of universal home design by— (A) sharing information and resources about the requirements under this Act, the Fair Housing Act (42 U.S.C. 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); and (B) creating a website in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) to facilitate the dissemination of information and resources under subparagraph (A). (2) Surveying the availability of affordable and accessible housing Not later than 180 days after the date of enactment of this Act, the Office of Accessible Housing and Development shall conduct a study and submit to the Secretary a report on the number of covered dwelling units and other housing units that are accessible to individuals with disabilities in each State, disaggregated by type of housing, cost, and location. (3) Promoting universal home design The Office of Accessible Housing and Development shall— (A) help monitor progress and compliance with the universal home design guidelines established under section 3; (B) submit to the Secretary an annual report detailing compliance with the universal home design guidelines established under section 3, including the number of covered dwelling units that were built in each State that were in compliance with such guidelines; (C) coordinate with, and provide technical assistance to, the Department of Justice to assist in the enforcement of this Act; and (D) perform any other duties as the Secretary may determine appropriate. 7. Severability If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.