Summary#
This bill would require most newly built, federally assisted single-family houses, townhouses, modular homes, and similar small units to include basic visitability features for people with disabilities. The main change is that each covered dwelling must have at least one level that meets the ANSI A117.1-2017 Type C (Visitable) standard (or a successor standard) and the rules in the bill. The broad goal is to make newly built, federally supported homes more accessible to people with mobility impairments.
- Who is covered: Detached single-family houses, townhouses, modular homes, multi-level units, and ground-floor units in buildings of up to three units that get federal assistance and are first occupied on or after 1 year after the law is enacted.
- Standard required: At least one level must comply with the ANSI A117.1-2017 Type C (Visitable) standard (or a successor standard) plus the Act’s requirements and any implementing rules.
- Enforcement: Federal agencies that provide housing assistance (HUD, USDA, VA) must refuse funds to jurisdictions that do not enforce plan review and withholding of final occupancy approval. Applicants must tell the local plan-review agency if a project used federal assistance.
- Private and federal enforcement: Individuals can sue within 5 years of a violation; the Attorney General can sue or intervene. Courts can award actual and punitive damages and order remedies including retrofitting.
- Liability rules: If a local agency approved noncompliant plans and construction followed those plans, the agency can be liable. If plans complied but construction did not, the builder or contractor can be liable.
What it means for you#
- People with disabilities: This could increase the number of newly built homes that are easier to visit and use on at least one level.
- Homebuyers and renters of covered units: If your home was built with federal assistance and is first occupied after the law’s effective date, it must meet the visitability standard for at least one level.
- Builders and developers receiving federal assistance: You must design and construct covered units so one level meets the ANSI Type C visitability standard. You must also disclose when federal assistance was used in plan submissions.
- State and local plan-review agencies: You must review and approve or deny plans for covered units for compliance with this Act. If you approve plans that violate the Act and construction follows those plans, the agency can be held liable.
- Federal housing agencies (HUD, USDA, VA): These agencies must make sure jurisdictions they fund are taking enforcement actions. They may withhold assistance to jurisdictions that do not enforce plan review and occupancy withholding as described.
- Owners or occupants of existing homes: The bill applies only to units made available for first occupancy on or after one year after enactment. Existing homes already occupied are not directly covered.
Expenses#
No publicly available information.
- This could increase construction costs for builders who must add visitability features to meet the ANSI Type C standard.
- It could raise plan-review and enforcement costs for state and local agencies that must check compliance.
- Federal agencies may face administrative costs to monitor enforcement and decide whether to withhold funds.
- If courts order retrofitting after a violation, that could create significant private or public expenses depending on who is liable.
Proponents' View#
- The bill appears intended to increase basic accessibility in newly built, federally assisted single-family homes so people with mobility impairments can visit and use at least one level.
- A possible argument for the bill is that requiring visitability at the time of construction is cheaper and more effective than retrofitting later.
- The bill could standardize a minimum accessibility requirement across many federal housing programs by tying compliance to a national technical standard (ANSI A117.1-2017 Type C).
- Requiring plan review and tying federal funding to enforcement encourages state and local agencies to enforce the visitability rules.
Opponents' View#
- One concern is that the bill could raise construction costs for builders and homebuyers of federally assisted homes, making housing more expensive or reducing the number of units built.
- The bill does not provide a fiscal estimate or detail about who will pay for retrofits if courts order them; this could create financial risk for builders, agencies, or owners.
- The enforcement scheme could increase administrative burden on state and local plan-review agencies and on federal agencies that must monitor compliance.
- The law makes local agencies potentially liable if they approve noncompliant plans, which may discourage agencies from approving projects or create legal exposure without clear guidance on implementation.
- It is unclear how the bill interacts with local building codes in every case, and the bill relies on a specific ANSI standard or its successor without detailing how future updates will be handled.