Eleanor Smith Inclusive Home Design Act of 2026
- Sponsor
- Sen. Duckworth, Tammy [D-IL]
- Committees
- Banking, Housing, and Urban Affairs Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
The Eleanor Smith Inclusive Home Design Act of 2026 aims to increase accessibility in federally supported housing by requiring basic visitability features, ensuring easier access for individuals with disabilities.
What it actually does
This bill mandates that all newly constructed, federally assisted single-family houses and townhouses must meet specific "visitability" standards for persons with disabilities, aligning with Type C (Visitable) Units of the American National Standards Institute (ANSI A117.1-2017). It establishes enforcement mechanisms, including requiring assurances from federal assistance applicants, State/local agency plan approval, and provisions for civil actions by aggrieved persons or the Attorney General.
Proponents argue
Proponents argue that this bill addresses a critical gap in housing accessibility, allowing individuals with disabilities to visit friends and family in homes built with federal assistance without encountering physical barriers. They emphasize that "visitability" standards are a minimal, cost-effective measure that significantly improves quality of life and promotes social inclusion, preventing the isolation often faced by those with mobility challenges. They highlight that the standards are less stringent than full accessibility requirements, focusing on basic features like a zero-step entrance and wider doorways on the main floor.
Opponents contend
Opponents might argue that mandating specific design standards, even for visitability, could increase construction costs for builders and, consequently, housing prices for consumers, potentially exacerbating housing affordability issues. They may also raise concerns about federal overreach into local building codes and the potential for bureaucratic hurdles in the plan approval process. Some might contend that market forces should drive accessibility improvements, or that existing fair housing laws are sufficient.
The bill is concise and straightforward, allowing for a thorough understanding within a short timeframe, making it accessible for quick evaluation.
Section 1
Short Title
This section establishes the official short title of the Act as the "Eleanor Smith Inclusive Home Design Act of 2026." This name honors Eleanor Smith, a prominent advocate for visitability in housing, providing a recognizable name for the legislation.
Supporters argue
Supporters argue that naming the bill after Eleanor Smith appropriately recognizes her foundational work in promoting visitability and raises awareness for the cause of inclusive home design.
Critics contend
No specific opposition is typically raised against the short title of a bill, as it is generally a naming convention.
Tradeoffs
None apparent for the short title itself, as it primarily serves an identification and commemorative purpose.
Section 2
Key Definitions
This section defines crucial terms. A "covered dwelling unit" includes single-family houses, townhouses, modular homes, or ground-floor units in buildings of up to three units, designed for residence, and receiving federal assistance for construction, with first occupancy on or after one year from enactment. "Federal assistance" is broadly defined to include grants, loans, tax credits, mortgage guarantees, and community development funds, provided on or after one year from enactment.
Section 3
Mandatory Visitability Standards
This section makes it unlawful for any person or entity involved in the design or construction of a covered dwelling unit to fail to ensure that at least one level of the unit complies with the Type C (Visitable) Units standards of the American National Standards Institute (ANSI A117.1-2017) or any successor standard. This typically includes features like a zero-step entrance, wider interior doors, and an accessible bathroom on the main floor, making homes more welcoming for visitors with disabilities.
Section 4
Federal and Civil Enforcement
This section outlines how the visitability requirement will be enforced. Applicants for federal assistance must assure compliance. State or local agencies responsible for building code review must approve architectural plans for covered units, and federal agencies (HUD, Agriculture, VA) can withhold assistance if these state/local agencies are not taking appropriate enforcement actions. Additionally, aggrieved private persons can bring civil actions within 5 years, and the Attorney General can also initiate civil actions or intervene in private cases. Courts can award damages and order affirmative action, including retrofitting.
Section 5
Effect on State Laws
This section clarifies that the Act does not invalidate or limit any state or local law that provides equal or greater rights, protections, or requirements for visitability. However, any state or local law that permits actions violating this Act would be invalid to that extent, establishing a federal minimum standard while allowing for stronger local protections.
Defines a "modular home" as a factory-constructed home in one or more modules meeting state/local building codes, transported, installed on foundations, and completed on site. This explicitly includes modular homes within the scope of "covered dwelling units."
Section 2(3)
Why it matters:Standard legislative practice to define terms precisely to avoid ambiguity and ensure comprehensive coverage of the intended housing types, rather than being an attempt to obscure.
Case for: Including modular homes ensures that a significant and growing segment of new housing construction, which often receives federal assistance, is also subject to visitability standards, thereby expanding the bill's reach and impact on accessible housing availability.
Case against: Critics might argue that applying these standards to factory-built modular homes could add complexity to their manufacturing process, potentially increasing costs for an already cost-effective housing option, which could disproportionately affect certain markets.
Estimated impact: Expands the scope of the bill to a growing segment of the housing market, increasing the total number of visitable homes available, particularly in areas where modular homes are prevalent.
States that the 5-year statute of limitations for civil actions brought under the Act does not begin to run until any deficiency in visitability of a covered dwelling unit has been corrected. This means liability can extend indefinitely until compliance is achieved.
Section 4(f)
Why it matters:This is a critical detail that significantly extends the period during which a lawsuit can be filed, making builders and agencies liable for longer. It's technically phrased but has major implications for accountability and risk management.
Case for: Proponents argue this ensures robust accountability for non-compliance, as deficiencies might not be immediately apparent or might be deliberately concealed. It protects aggrieved parties by giving them ample time to discover and act on violations, ensuring the law's long-term effectiveness.
Case against: Opponents might argue that this open-ended statute of limitations creates undue long-term liability for builders and potentially state/local agencies, making it difficult to close out projects, manage risk, and obtain insurance coverage, potentially increasing costs.
Estimated impact: Increases the legal risk and potential liability for builders and approving agencies for an indefinite period until compliance is achieved, shifting the burden of proof and discovery onto the aggrieved party.