Eleanor Smith Inclusive Home Design Act of 2026

This legislation aims to ensure that newly constructed, federally assisted single-family houses and townhouses are accessible for persons with disabilities by requiring them to meet specific visitability standards. It broadly defines "covered dwelling units" to include various residential types, such as detached houses, townhouses, and modular homes, provided they receive federal assistance and are available for first occupancy one year after the Act's enactment. The bill also specifies that "Federal assistance" encompasses a wide range of government support, including grants, loans, tax credits, and mortgage guarantees.

The core requirement mandates that these covered dwelling units must incorporate at least one level that complies with the American National Standards Institute (ANSI) A117.1-2017 Type C (Visitable) Units standards. To enforce this, federal agencies providing assistance must ensure applicants commit to compliance, and the Secretaries of Housing and Urban Development, Agriculture, and Veterans Affairs can withhold aid if state or local agencies fail to enforce these standards. State or local departments responsible for building codes are tasked with reviewing and approving architectural plans for compliance and can withhold final construction or occupancy approval.

The bill further establishes robust enforcement mechanisms, allowing aggrieved private persons to bring civil actions within five years of a violation, with potential liability for state or local agencies if their approved plans were non-compliant. Additionally, the Attorney General is authorized to initiate civil actions or intervene in private lawsuits to ensure adherence to the standards. Courts can award actual and punitive damages, issue injunctions, and order affirmative actions like retrofitting, while preserving stronger state or local accessibility laws.