,i #aafth ,,congress #ast ,session ,h4 ,r4 #djfd ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,ms4 ,schakowsky 7for herself1 ,mr4 ,grijalva1 ,ms4 ,mc,collum1 ,ms4 ,norton1 ,ms4 ,haaland1 and ,mr4 ,langevin7 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 #bjai4 #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-- 7i7 a detached single-family house2 7ii7 a townhouse or multi-level dwelling unit 7whether detached or attached to other units or structures72 or 7iii7 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 was designed1 constructed1 or commissioned1 contracted1 or otherwise arranged for construction1 by any person or entity that1 at any time before the design or construction1 received or was guaranteed ,federal financial assistance for any program or activity relating to the design1 construction1 or commissioning1 contracting1 or other arrangement for construction1 of the dwelling unit2 and 7,d7 is made available for first occupancy on or after the date that is #a year after the date of 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 under any program or activity of the ,department of ,housing and ,urban ,development or the ,department of ,veterans ,affairs1 through any grant1 loan1 contract1 or any other arrangement1 on or after the date that is #a year after the date of enactment of this ,act1 including-- 7i7 a grant1 a subsidy1 or any other funds2 7ii7 service provided by a ,federal employee2 7iii7 real or personal property or any interest in or use of such property1 including-- 7,i7 a transfer or lease 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 7iv7 any-- 7,i7 tax credit2 or 7,,ii7 mortgage or loan guarantee or insurance2 and 7v7 community development funds in the form of an obligation 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#c7 ,person or entity ,the term person or entity includes an individual1 corporation 7including a not-for-profit corporation71 partnership1 association1 labor organization1 legal representative1 mutual corporation1 joint-stock company1 trust1 unincorporated association1 trustee1 trustee in a case under title #aa1 ,united ,states ,code1 receiver1 or fiduciary4 #c4 ,visitability requirement ,it shall be unlawful for any person or entity1 with respect to a covered dwelling unit designed1 constructed1 or commissioned1 contracted1 or otherwise arranged for construction1 by the person or entity1 to fail to ensure that the dwelling unit contains not less than #a level that complies with the ,standards for ,type ,c 7,visitable7 ,units of the ,american ,national ,standards ,institute 7commonly known as ,,ansi7 ,standards for ,accessible and ,usable ,buildings and ,facilities 7section #ajje of ,,icc ,,ansi ,a#aag4a-bjji7 or any successor standard4 #d4 ,enforcement 7a7 ,requirement for ,federal financial assistance ,an applicant for ,federal financial assistance shall submit an assurance to the ,federal agency responsible for the assistance that each program or activity of the applicant will be conducted in compliance with this ,act4 7b7 ,approval of architectural1 interior design1 and construction plans 7#a7 ,submission 7,a7 ,in general ,an applicant for or recipient of ,federal financial assistance for the design1 construction1 or commissioning1 contracting1 or other arrangement for construction1 of a covered dwelling unit shall submit for approval the architectural1 interior design1 and construction plans for the 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 and design plans for compliance with generally applicable building codes or requirements 7in this subsection referred to as the appropriate ,state or local agency74 7,b7 ,notice included ,in submitting plans under subparagraph 7,a71 a person or entity shall include notice that the person or entity has applied for or received ,federal financial assistance1 as defined in this ,act1 with respect to the covered dwelling unit4 7#b7 ,determination of compliance 7,a7 ,condition of ,federal housing assistance ,the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,agriculture1 and the ,secretary of ,veterans ,affairs may not provide any ,federal financial assistance under any program administered by the ,secretary involved 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 ,secretary involved1 taking the enforcement actions under subparagraph 7,b74 7,b7 ,enforcement actions ,the enforcement actions under this subparagraph are-- 7i7 reviewing any plans for a covered dwelling unit submitted under paragraph 7#a7 and approving or disapproving the plans based on 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 the appropriate ,state or local agency determines compliance as described in clause 7i74 7c7 ,civil action for private persons 7#a7 ,action ,not later than #b years after the occurrence or termination1 whichever is later1 of an act or omission with respect to a covered dwelling unit in violation of this ,act1 a person aggrieved by the act or omission may bring a civil action in an appropriate district court of the ,united ,states or ,state court against any person or entity responsible for any part of the design or construction of the covered dwelling unit1 subject to paragraph 7#b74 7#b7 ,liability of ,state or local agency ,in a civil action brought under paragraph 7#a7 for a violation involving architectural or construction plans for a covered dwelling unit that were approved by the appropriate ,state or local agency-- 7,a7 if the approved plans violate this ,act and any construction on the dwelling unit that violates this ,act was performed in accordance with the approved plans1 the ,state or local agency shall be liable for that construction2 and 7,b7 if the approved plans comply with this ,act and any construction on the dwelling unit violates this ,act1 the person or entity responsible for the construction shall be liable for that construction4 7d7 ,enforcement by ,attorney ,general 7#a7 ,civil action ,if the ,attorney ,general has reasonable cause to believe that a person or group of persons has violated this ,act1 the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states4 7#b7 ,intervention in private action ,the ,attorney ,general may1 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 ,act has occurred or is about to occur1 the court-- 7#a7 may award to the plaintiff actual and punitive damages2 and 7#b7 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 accordance with 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 the relief and involving a bona fide purchaser1 encumbrancer1 or tenant1 without actual notice of a civil action under this section4 #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 of the ,united ,states or any other ,act of ,congress4 #g4 ,severability of provisions ,if any provision of this ,act or the application thereof to any person or circumstance is held invalid1 the remaining provisions of this ,act and the application of those provisions to other persons or circumstances shall not be affected thereby4