,,ii #aacth ,,congress #b;d ,session ,s4 #bhhi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjad ,mr4 ,harkin introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to require compliance with established universal home design guidelines1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,universal ,home ,design ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,accessible ,the term accessible 7except when used in the context of accessible format7 means-- 7,a7 consistent with-- 7i7 subpart ,d of part #cf of title #bh1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling72 and 7ii7 appendices ,b and ,d to part #aaia of title #cf1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling72 and 7,b7 independently usable by individuals with disabilities1 including those who use a mobility device such as a wheelchair4 7#b7 ,access board ,the term ,access ,board means the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib74 7#c7 ,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 not more than #c dwelling units2 7,b7 is designed as1 or intended for occupancy as1 a residence2 7,c7 7i7 was designed1 constructed1 or commissioned1 contracted1 or otherwise arranged for construction1 by a person or entity who1 at any time before the design or construction1 received or was guaranteed ,federal financial assistance for any program or activity2 7ii7 is purchased by a person or entity using amounts that are provided or guaranteed under a program that provides ,federal financial assistance for homeownership2 or 7iii7 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 homeownership2 and 7,d7 is made available for first occupancy after the expiration of the #cj-month period beginning on the date of the enactment of this ,act4 7#d7 ,department ,the term ,department means the ,department of ,housing and ,urban ,development4 7#e7 ,federal financial assistance ,the term ,federal financial assistance means-- 7,a7 any assistance that is provided or otherwise made available by the ,federal ,national ,mortgage ,association1 the ,federal ,home ,loan ,mortgage ,corporation1 any ,federal ,home ,loan ,bank1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,veterans ,affairs1 or any program or activity of the ,department of ,housing and ,urban ,development or the ,department of ,veterans ,affairs1 through any grant1 loan1 insurance1 guarantee1 contract1 or any other arrangement1 after the expiration of the #a-year period beginning on the date of the enactment of this ,act1 including-- 7i7 a grant1 subsidy1 or any other funds2 7ii7 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 the fair market value is not returned to the ,federal ,government2 7iii7 any tax credit1 mortgage or loan guarantee1 or insurance2 and 7iv7 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 and 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#f7 ,individual with a disability ,the term individual with a disability means an individual with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#g7 ,individuals with disabilities ,the term individuals with disabilities means more than #a individual with a disability4 7#h7 ,person or entity ,the term person or entity includes #a 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 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#aj7 ,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 stairs1 including an individual who uses a mobility device such as a wheelchair4 #c4 ,establishment of universal home design guidelines 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,access ,board1 in consultation with the ,secretary1 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 ,act4 7b7 ,universal home design features covered ,the guidelines required to be developed and issued under subsection 7a7 shall include1 at a minimum1 basic access to a covered dwelling unit and to not less than #a level within such covered dwelling unit1 including-- 7#a7 an accessible entrance located on an accessible path from the public street or driveway2 7#b7 accessible interior doors with sufficient clear width and accessible thresholds2 7#c7 accessible environmental controls on the wall2 7#d7 at least #a accessible indoor room that has an area of not less than #gj square feet and contains no side or dimension narrower than #g feet2 7#e7 an accessible bathroom with-- 7,a7 an accessible sink and toilet2 and 7,b7 reinforced walls that permit the installation of grab bars2 and 7#f7 a kitchen space-- 7,a7 with accessible food preparation1 washing1 and storage areas2 and 7,b7 that can easily be further adapted to accommodate an individual with a disability4 7c7 ,regulations ,not later than #f months after the date on which the guidelines are issued under subsection 7a71 the ,secretary shall issue regulations1 in an accessible format-- 7#a7 to carry out the provisions of this ,act2 and 7#b7 that include accessibility standards that are consistent with the guidelines issued under subsection 7a74 7d7 ,review and amendment 7#a7 ,access ,board ,the ,access ,board1 in consultation with the ,secretary1 shall-- 7,a7 periodically review and1 as appropriate1 amend the guidelines issued under subsection 7a72 and 7,b7 issue such amended guidelines as revised guidelines4 7#b7 ,secretary ,not later than #f months after the date on which revised guidelines are issued under paragraph 7#a77;,b71 the ,secretary shall issue revised regulations that are consistent with such revised guidelines4 #d4 ,use of universal home design guidelines in new construction ,it shall be unlawful for any person described in clauses 7i71 7ii71 and 7iii7 of section #b7c77;,c71 with respect to a covered dwelling unit1 to fail to ensure that the covered dwelling unit complies with the universal home design guidelines established under section #c4 #e4 ,enforcement 7a7 ,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 assurance1 at such time and in such manner as the head of the agency may require1 verifying that the applicant is in compliance with the universal home design guidelines established under section #c with respect to the covered dwelling unit4 7b7 ,civil action for private persons ,any person aggrieved by an act or omission that is unlawful under section #c or #d may commence a civil action in an appropriate ,united ,states district court against any person or entity responsible for any part of the design1 construction1 or sale of a covered dwelling unit4 7c7 ,enforcement by ,attorney ,general ,whenever the ,attorney ,general has reasonable cause to believe that any person or group of persons has violated section #c or #d1 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 7b7 by a private person if the ,attorney ,general certifies that the case is of general public importance4 7d7 ,relief ,in any civil action brought under subsection 7b7 or 7c71 if the court finds that a violation of section #c or #d of this ,act has occurred or is about to occur1 it may award to the plaintiff actual and punitive damages1 and 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 section #c or #d of this ,act or ordering such affirmative action as may be appropriate74 7e7 ,attorney's fees ,in any civil action brought under subsection 7b7 or 7c71 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee and costs4 7f7 ,violations ,for purposes of this section1 a violation involving a covered dwelling unit that is not designed or constructed in conformity with the universal home design guidelines established under section #c shall not be considered to terminate until the violation is corrected4 #f4 ,office of ,accessible ,housing and ,development 7a7 ,establishment ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish in the ,department an ,office of ,accessible ,housing and ,development4 7b7 ,director ,the ,office of ,accessible ,housing and ,development shall be headed by a ,director of ,accessible ,housing and ,development1 who shall be-- 7#a7 appointed by the ,secretary2 7#b7 an individual with substantial knowledge of individuals with disabilities and universal design2 and 7#c7 responsible for implementing the responsibilities described in subsection 7c74 7c7 ,responsibilities 7#a7 ,information dissemination ,the ,office of ,accessible ,housing and ,development shall disseminate information to inform the public about the importance of universal home design by-- 7,a7 sharing information and resources about the requirements under this ,act1 the ,fair ,housing ,act 7#db ,u4,s4,c4 #cfja et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaja et seq472 and 7,b7 creating a website in accordance with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d7 to facilitate the dissemination of information and resources under subparagraph 7,a74 7#b7 ,surveying the availability of affordable and accessible housing ,not later than #ahj days after the date of enactment of this ,act1 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 ,state1 disaggregated by type of housing1 cost1 and location4 7#c7 ,promoting universal home design ,the ,office of ,accessible ,housing and ,development shall-- 7,a7 help monitor progress and compliance with the universal home design guidelines established under section #c2 7,b7 submit to the ,secretary an annual report detailing compliance with the universal home design guidelines established under section #c1 including the number of covered dwelling units that were built in each ,state that were in compliance with such guidelines2 7,c7 coordinate with1 and provide technical assistance to1 the ,department of ,justice to assist in the enforcement of this ,act2 and 7,d7 perform any other duties as the ,secretary may determine appropriate4 #g4 ,severability ,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