January 30, 2025
Mr. Budd (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide assistance for common interest communities, condominiums, and housing cooperatives damaged by a major disaster, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Disaster Assistance Fairness Act
.
Sec. 2. Definitions
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following:
(13) Residential common interest community
The term
residential common interest communitymeans a nonprofit mandatory membership organization comprising of owners of real estate described in a declaration or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of a unit of the real estate, is obligated to pay for a share of—(A)
real estate taxes;
(B)
insurance premiums; and
(C)
maintenance or improvement of, or services or other expenses relating to, common elements, other units, or any other real estate other than the unit described in the declaration.
(14) Condominium
The term
condominiummeans a multi-unit housing project—(A)
in which each dwelling unit is separately owned;
(B)
the remaining portions of the real estate of which are designated for common ownership solely by the owners of the dwelling units, each owner having an undivided interest in the common elements; and
(C)
which is represented by a condominium association consisting exclusively of the owners of each dwelling unit, which is, or will be responsible for the operation, administration, and management of the project.
(15) Housing cooperative
The term
housing cooperativemeans a multi-unit housing entity in which each dwelling unit is subject to separate use and possession by 1 or more cooperative members whose interest in such unit, and in any undivided assets of the cooperative association that are appurtenant to such unit, is evidenced by a membership or share interest in a cooperative association and a lease or other document of title or possession granted by such cooperative as the owner of all cooperative property.
Sec. 3. Removal of debris resulting from a major disaster in residential common interest communities
Section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173) is amended—
(1)
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2)
by inserting after subsection (c) the following:
(d) Rules relating to residential common interest communities
The President shall issue rules which provide that removal of debris or wreckage from real estate owned by a residential common interest community resulting from a major disaster is in the public interest when a State or local government determines in writing that such debris or wreckage constitutes a threat to life, public health or safety, or the economic recovery of the residential common interest community.
Sec. 4. Condominiums and housing cooperatives damaged by a major disaster
Section 408(c)(2)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) is amended—
(1)
in clause (i) by striking and
at the end;
(2)
by redesignating clause (ii) as clause (iii); and
(3)
by inserting after clause (i) the following:
(ii)
the repair of essential common elements of a condominium or housing cooperative (such as a roof, exterior wall, heating and cooling equipment, elevator, stairwell, utility access, plumbing, and electricity) if an individual’s or household’s pro rata share of essential common element repair costs are satisfactorily documented; and
Sec. 5. Applicability
The amendments made by this Act shall apply with respect to a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after the date of enactment of this Act.