Recently Introduced Housing Bills Address Accessibility, Preservation, and Disaster Mitigation

By Libby O’Neill, NLIHC Senior Policy Analyst, Amin Sobhani, NLIHC DHR Intern, and Noah Patton, NLIHC Director of Disaster Recovery 

Lawmakers introduced several bills recently related to affordable housing: the “Eleanor Smith Inclusive Home Design Act,” the “Ounce of Prevention Act,” and the “Affordable Housing Incentives Act.” NLIHC has endorsed all three bills; additionally, NLIHC’s Disaster Housing Recovery Coalition (DHRC) has endorsed the “Ounce of Prevention Act.”  

Representative Jan Schakowsky (D-IL) and Senator Tammy Duckworth (D-IL) reintroduced the bicameral “Eleanor Smith Inclusive Home Design Act” (H.R.9932/S.5125), which would require new single-family homes constructed with federal funds to include specific accessibility requirements. Homes would be required to include “visitability” standards: at least one zero-step entrance; doorways wide enough for a wheelchair on the main level; one wheelchair accessible bathroom; and light switches and thermostats at reachable heights. The bill was introduced on July 24, the 36th anniversary of the “Americans with Disabilities Act” (ADA), both marking the accomplishments of the landmark law and showing how much work remains to realize the ADA’s full potential. Millions of people in the U.S. either need or live with someone who needs accessibility features to live safely and independently. Incorporating visitability features into federally funded new homes is a cost-effective and common-sense approach to address this challenge; more resources are needed to incorporate accessibility features into existing housing.  

Representatives William Timmons (R-SC) and Sam Liccardo (D-CA) introduced the bipartisan “Ounce of Prevention Act,” (H.R.9557), which would allow states, cities, and local governments to use Community Development Block Grant (CDBG) funds for pre-disaster risk mitigation, giving communities greater flexibility to strengthen infrastructure, reduce risk, and prepare for hazards such as storms, floods, and wildfires before they cause widespread damage. Currently, pre-disaster mitigation is not an eligible use of CDBG funding, and Congress instead provides supplemental CDBG funding after communities have already experienced damage. Representatives Maria Elvira Salazar (R-FL) and Jill Tokuda (D-HI) joined the bill as cosponsors. NLIHC and the DHRC have endorsed the bill, emphasizing that greater flexibility in the use of CDBG funds would help ensure that the lowest-income and most marginalized communities can implement resilience and mitigation measures before future disasters, especially as disasters become more frequent and severe.  

The bipartisan “Affordable Housing Incentives Act” (H.R.9870), introduced by Representatives Scott Peters (D-CA) and Brian Fitzpatrick (R-PA), would create a tax incentive for property owners who sell their property to an affordable housing or homeless service provider. Properties sold to an affordable housing service provider must meet affordability requirements based on those for the Low-Income Housing Tax Credit (LIHTC) program, and the property must stay affordable for 30 years. Properties sold to a homeless service provider must be used as a shelter eligible for assistance under the “McKinney-Vento Homeless Assistance Act” for at least 30 years. If the sale meets these requirements, the seller can defer recognition of capital gains under Section 1033 of the Internal Revenue Code, which currently applies to condemned or destroyed properties. The goal of this policy is to incentivize property owners to sell to affordable housing or homeless providers, rather than a new owner that could increase rents to unaffordable levels, burdening or even displacing residents.  

NLIHC thanks these members of Congress for introducing legislation to address accessibility, preservation, and disaster mitigation and urges Congress to pass these bills and continue to create and support policies to help low-income households around the country.