Eleanor Smith Inclusive Home Design Act of 2026

Accessibility Standards for New Homes: Under Section 3, covered dwelling units must ensure that at least one level complies with specific standards for visitable units. This provides positive outcomes by making newly constructed, federally assisted housing accessible for persons with disabilities.

Accountability for Plans and Construction: Under Section 4(b), applicants must submit architectural and construction plans to state or local agencies for approval, and agencies must withhold final approval of construction or occupancy unless the unit complies. This helps ensure that homes are built correctly before people move into them.

Legal Remedies for Violations: Under Section 4(e), courts may award actual and punitive damages, as well as permanent or temporary injunctions or orders requiring the retrofitting of a covered dwelling unit. This provides a direct benefit and recourse for aggrieved individuals when violations occur.

Potential Liability for State and Local Agencies: Under Section 4(c)(2)(A), if approved architectural or construction plans violate the Act and construction is performed according to those plans, the state or local agency shall be liable for that construction. This could place a heavy legal and financial burden on local government entities.

Strict Requirements for Federal Assistance Recipients: Under Section 4(a) and Section 4(b), applicants for federal assistance must submit assurances and get their architectural, interior design, and construction plans reviewed and approved. This adds procedural burdens and requirements that must be met before receiving federal funds or housing assistance.