Overview

Title

To require all newly constructed, federally assisted, single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.

ELI5 AI

The Eleanor Smith Inclusive Home Design Act is a rule that says new houses or townhouses built with government help must have one section that's easier to use for people who have trouble moving around, like using a wheelchair. This means the houses need to follow special steps to make sure everyone can visit.

Summary AI

H.R. 9181, known as the “Eleanor Smith Inclusive Home Design Act of 2024,” aims to make new single-family homes and townhouses that receive federal assistance more accessible for people with disabilities. This bill requires such homes to include at least one level that meets certain accessibility standards as outlined by the American National Standards Institute. It includes enforcement mechanisms where federal assistance applicants must ensure compliance, and violations can be challenged in court by both private individuals and the Attorney General. The bill also clarifies that it does not override more stringent state laws or other existing legal rights and remedies.

Published

2024-07-26
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-07-26
Package ID: BILLS-118hr9181ih

Bill Statistics

Size

Sections:
7
Words:
1,986
Pages:
10
Sentences:
42

Language

Nouns: 592
Verbs: 136
Adjectives: 128
Adverbs: 17
Numbers: 37
Entities: 68

Complexity

Average Token Length:
4.33
Average Sentence Length:
47.29
Token Entropy:
5.16
Readability (ARI):
26.17

AnalysisAI

General Summary of the Bill

The proposed legislation, officially titled the "Eleanor Smith Inclusive Home Design Act of 2024," seeks to mandate that all newly constructed, federally assisted single-family homes and townhouses meet fundamental standards of accessibility for people with disabilities. Specifically, these homes must comply with standards set by the American National Standards Institute (ANSI) pertaining to accessible and usable facilities. The bill outlines enforcement measures, stipulates definitions, and describes compliance obligations for homes receiving federal aid.

Summary of Significant Issues

One of the primary concerns with the bill is its potential vagueness and complexity, particularly in defining key terms such as "covered dwelling unit" and "Federal assistance." Without clear parameters, there is a risk of misinterpretation, which could result in litigation or inconsistent enforcement. Moreover, the lack of specified "successor standards" for ANSI compliance presents a challenge, as it leaves room for varied application by builders and entities involved in housing construction.

Another significant issue arises from the financial implications. Compliance with ANSI standards could increase construction costs, potentially impacting the overall affordability of homes. The bill does not provide detailed funding mechanisms or exceptions for existing structures that might be costly to retrofit, which could pose financial burdens on homeowners or builders.

Enforcement criteria are not explicitly established, making it unclear how state and local agencies, as well as federal authorities, will implement these requirements. The absence of precise enforcement strategies raises concerns about accountability and potential delays in federal assistance or construction approval processes.

Impact on the Public and Specific Stakeholders

Broadly, the bill aims to enhance accessibility in residential housing, which could have positive implications for individuals with disabilities by increasing the availability of accessible homes. This inclusion can improve quality of life and promote independence for those needing such accommodations. In fostering more inclusive housing, the measure concurrently addresses societal equity issues and expands residential options for a broader demographic.

However, stakeholders such as builders and developers might feel adverse effects due to potential increases in construction costs and administrative complexities. This could deter participation in federal assistance programs, affecting the supply of new homes. Furthermore, local and state agencies might face challenges due to a lack of designated funding and resources for effective enforcement of the bill's standards.

For governments at various levels, effectively aligning their regulations with these federal standards might require systems updates or increased training, potentially straining already limited resources. The broad definitions provided might also involve these governments in legal proceedings or compliance disputes, adding to the administrative burden.

Overall, while the bill's intent to improve accessibility in housing is commendable, ambiguities and implementation challenges need to be addressed to ensure its successful adoption and enforcement without unintended negative consequences.

Issues

  • The lack of specification for what constitutes 'any successor standard' in Section 3 may lead to inconsistent application or interpretation of the bill, potentially causing issues for builders and developers attempting to comply.

  • Section 3 imposes requirements to comply with ANSI standards, which may significantly increase construction costs without accompanying financial assistance, possibly making housing less affordable.

  • The bill does not provide clear exceptions or waivers for existing structures that cannot be easily modified to meet the new standards, as noted in Section 3, which could result in impractical enforcement and financial burden on property owners.

  • The broad definition of 'Federal assistance' in Section 2, including vague terms like 'any other funds,' could lead to confusion and administrative complexity in determining eligibility and compliance.

  • Section 4 lacks detailed enforcement mechanisms and criteria for compliance with the new requirements, creating uncertainty in how violations will be addressed or penalized, potentially leaving gaps in enforcement.

  • The potential for double-counting or administrative issues due to the overlap between tax credits, mortgage loan guarantees, and community development funds under 'Federal assistance' is a concern highlighted in Section 2.

  • Issues arise from the lack of criteria outlined in Section 4 for what constitutes a 'case of general public importance' for Attorney General intervention, which could lead to inconsistent enforcement or legal challenges.

  • The bill does not specify any funding or resources for state or local agencies under Section 4, possibly affecting their ability to effectively carry out enforcement and compliance checks.

  • The definition of 'covered dwelling unit' in Section 2 may be ambiguous due to extensive terminology, leading to confusion about which dwelling units the requirements apply to.

  • Section 5 relies on complex legal language, including a double negative, making it potentially difficult for the general public to understand and increasing the risk of misinterpretation.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that it can be officially referred to as the "Eleanor Smith Inclusive Home Design Act of 2024."

2. Definitions Read Opens in new tab

Summary AI

This section explains important terms used in the Act, like "covered dwelling unit," which refers to certain types of homes linked to federal assistance, and "federal assistance," which includes financial aid or services from the government. It also clarifies that a "person or entity" can be an individual or organization such as a corporation or government body.

3. Visitability requirement Read Opens in new tab

Summary AI

It is against the law for anyone in charge of designing or building a certain type of home (called a "covered dwelling unit") to not make sure that at least one level of the home meets specific accessibility standards set by the American National Standards Institute (ANSI) and any rules issued under this law.

4. Enforcement Read Opens in new tab

Summary AI

The section outlines enforcement measures for compliance with building regulations when receiving federal assistance for housing. It details requirements for submitting construction plans, potential civil actions by private individuals or the Attorney General in case of violations, permissible relief and damages, the statute of limitations, and the awarding of attorney's fees, while also ensuring that existing sales or leases aren't affected by any new legal actions.

5. Effect on State laws Read Opens in new tab

Summary AI

This section clarifies that the Act does not override any state or local law that offers equal or greater protection and rights. However, if a state or local law conflicts with this Act by allowing actions prohibited by it, then that specific part of the state or local law is invalid.

6. Disclaimer of preemptive effect on other acts Read Opens in new tab

Summary AI

This section states that this Act does not restrict any rights, procedures, or remedies that are already available under the U.S. Constitution or any other law passed by Congress.

7. Severability of provisions Read Opens in new tab

Summary AI

If any part of the Act is found to be invalid or can't be applied to someone or something, the rest of the Act still remains valid and can still be applied to other people or situations.