The Eleanor Smith Inclusive Home Design Act of 2026 mandates that all new residential construction receiving federal financial assistance must incorporate "visitability" standards to ensure accessibility for individuals with disabilities.
Janice "Jan" Schakowsky
Representative
IL-9
The Eleanor Smith Inclusive Home Design Act of 2026 mandates that all new single-family homes and townhouses built with federal assistance must meet "visitable" accessibility standards. The bill establishes strict enforcement mechanisms, including plan reviews and legal remedies, to ensure that federally funded housing is accessible to individuals with disabilities.
The Eleanor Smith Inclusive Home Design Act of 2026 mandates that any new single-family home, townhouse, or modular unit built with federal financial help must include at least one accessible level. Starting one year after the bill is enacted, developers who use federal grants, loans, tax credits, or mortgage guarantees must follow the American National Standards Institute (ANSI) 'Type C' standards for visitability. This means at least one floor of the home must be designed so that someone using a wheelchair or walker can actually enter and move around, moving away from the traditional 'stairs-only' entry models that dominate the market.
Under Section 3, this bill targets 'covered dwelling units,' which includes everything from detached houses to ground-floor units in small three-unit buildings. For a regular person, this means if you’re buying a new home that was built using a federal tax credit or a government-backed loan program, that home is required to have a 'visitable' floor. Think about a veteran who uses a wheelchair wanting to visit a friend's new townhouse for dinner; under this law, that townhouse would need a zero-step entrance and wide enough doorways on the main level to make that happen. It’s not just about permanent residents; it’s about making the entire housing stock more flexible for aging parents, people with temporary injuries, or families with strollers.
The bill puts the teeth in the rules through Section 4, which requires builders to submit their architectural and interior design plans to local building code agencies specifically for a 'visitability' review. To keep everyone honest, the Secretaries of HUD, Agriculture, and Veterans Affairs are prohibited from giving housing assistance to any local government that isn't actively enforcing these rules. If a builder takes the federal money but skips the accessibility features, they face significant legal heat. The bill allows private citizens who are harmed by a violation to sue for damages and legal fees, and it gives the Attorney General the power to step in if they see a pattern of builders ignoring the law.
While the benefits for seniors and the disability community are clear—allowing more people to 'age in place' without spending $50,000 on a late-life remodel—the bill places the primary responsibility on developers and local governments. Sections 4(d) and 4(e) clarify that if a local agency approves a bad plan, the agency is on the hook; if the plan was good but the builder cut corners during construction, the builder is liable. This creates a high-stakes environment for the construction industry. However, the bill is careful not to punish innocent bystanders; Section 4(i) ensures that if you buy or lease a home without knowing it violated these rules, your contract or lease remains valid and protected.