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New Mandate for Residential Accessibility

A proposed federal law would require newly constructed, federally assisted single-family homes to be made accessible to persons with disabilities.

By John Herrion

In March 2005, Rep. Jan Schakowsky of Illinois (D9th) introduced an innovative piece of legislation, the Inclusive Home Design Act, that would require all newly constructed, federally assisted, single- family homes and town houses to be built so that they are accessible to persons with disabilities.

While United Spinal Association is pleased with the introduction of this legislation, there remains much work to be done to make this bill law.

People with disabilities face significant challenges in finding housing that is both affordable and accessible. Federal and state laws do require newly constructed multi-family dwellings to be accessible to persons with disabilities, but there are no laws that address the accessibility of newly constructed single-family homes or town houses.

Visitable Homes

The Inclusive Home Design Act would fill that void by requiring all newly constructed, federally assisted single-family houses and townhouses to meet minimum standards of visitability for persons with disabilities. Readers of Action may recall an article in the March issue on the subject of visitability (“Visitability: An Accessible Housing Solution?”), which defined it as “the incorporation of accessibility features that enable an individual with a disability to visit another person in this type of dwelling.”

The Inclusive Home Design Act would cover any newly constructed dwelling that is:

    • a detached single-family house

    • a townhouse (whether detached or attached to other units)

    • ground floor units in buildings with three or fewer dwelling units

The Act only applies to dwellings of these types that are constructed with federal financial assistance. This includes any assistance that is provided by the Department of Housing and Urban Development, or the Department of Veterans Affairs, as well as any other grants, loans, subsidies, tax credits, mortgage assistance, or insurance provided by the federal government.

The Act would require covered dwellings to be constructed with at least one zero-step entrance on an accessible route to the front, side or back entrance of a home—wherever it is most feasible, given the terrain. The Act would also require that all interior passage doors on the main floor of the home provide a minimum of 32 inches of clear passage. A useable bathroom and accessible environmental controls would also be required in each dwelling. According to a 2005 study by Concrete Change, Inc. (www.concretechange.org), the cost of adding these features in the design and construction phase of building a home would range from $100 to $600.

Action Needed

Without access to safe, decent, affordable, and accessible housing, many people with disabilities are forced to remain in institutions, or live in substandard housing that impedes their ability to lead independent and productive lives. United Spinal needs your help to support passage of this legislation to increase the number of accessible homes for persons with disabilities.

Presently, 32 members of Congress have signed on as co-sponsors of the Inclusive Home Design Act. More work, however, needs to be done to get this bill passed.

What you can do to help:

    • Contact your congressional representative and urge him or her to co-sponsor the Inclusive Home Design Act (H.R.1441) as a co-sponsor; or

    • To find out if you representative is already co-sponsoring the bill, or for further information, contact United Spinal Counsel, John Herrion at 718-803-3782, ext. 311, or at jherrion@unitedspinal.org.

John Herrion is program counsel.

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