Eleanor Smith Inclusive Home Design Act of 2026
Sponsored By: Senator Duckworth, Tammy [D-IL]
Introduced
Summary
This bill would impose a national "visitability" requirement so that newly constructed, federally assisted single-family houses and townhouses include a basic accessible main level for people with disabilities. It ties the standard to the ANSI A117.1-2017 Type C (Visitable) criteria and sets out enforcement tools and private legal remedies.
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- Families and people with disabilities would gain easier access to the main living level and entrance in covered dwelling units that are first occupied on or after one year after enactment. This applies to detached single-family homes, townhouses, modular homes, multi-level units, and certain ground-floor units.
- Designers, builders, lenders, and others who receive federal assistance would need plans and construction to meet the visitability standard. Aggrieved persons could bring private actions within 5 years and seek remedies that include actual and punitive damages, injunctive relief, retrofitting, and attorney’s fees.
- State and local agencies would have to review and approve plans for compliance and could share liability based on whether approved plans met the Act. Federal agencies and the Attorney General may withhold approvals and bring or join civil enforcement actions when units fail to comply.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
New visitability rule for covered homes
If enacted, covered new homes would need at least one level that meets the Type C (Visitable) part of ANSI A117.1-2017. Covered units include certain detached single-family homes, townhouses, modular and multi-level units, and qualifying ground-floor units in buildings of up to three units. The rule would apply to units made available for first occupancy one year after enactment. Builders, developers, and other designers or contractors who received federal assistance tied to the unit would have to follow the rule.
New private lawsuits and remedies for defects
If enacted, people harmed by visitability violations in covered units would be able to sue in federal court within five years of the occurrence or termination. The filing deadline would not start until any visitability problem is corrected. Courts could award actual and punitive damages and order injunctions or repairs, including retrofitting in some cases. The Attorney General could bring civil suits or join important private cases. The bill also allocates liability between approving agencies and designers or builders and protects bona fide purchasers and tenants without actual notice.
Federal aid tied to local plan reviews
If enacted, HUD, USDA, and VA would not provide certain housing-related federal help to a State or local government unless the appropriate local agency reviews and enforces plan compliance. Applicants would have to submit design and construction plans and written assurances that covered units will meet the visitability rule. Local agencies could withhold final approval of construction or occupancy until they determine compliance. These conditions would apply to assistance provided or made available one year after enactment, which could speed enforcement but could also delay some projects or funding decisions.
Sponsors & CoSponsors
Sponsor
Duckworth, Tammy [D-IL]
IL • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov