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Amends 42 U.S.C. 5122 by adding three new definitions at the end: (13) 'residential common interest community', (14) 'condominium', and (15) 'housing cooperative', with specified meanings for each term.
Redesignates existing subsections (d) and (e) as (e) and (f), respectively, and inserts a new subsection (d) after subsection (c) requiring the President to issue rules regarding debris removal from residential common interest communities.
Amends 42 U.S.C. 5174(c)(2)(A) by inserting a new clause (ii) that specifically authorizes repair of essential common elements of a condominium or housing cooperative when an individual’s or household’s pro rata share of those repair costs is satisfactorily documented; redesignates the existing clause (ii) as clause (iii); and strikes "and" at the end of clause (i).
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 30, 2025 by Theodore Paul Budd · Last progress January 30, 2025
Adds legal definitions for residential common interest communities, condominiums, and housing cooperatives and makes them explicitly eligible for certain Stafford Act disaster actions. It directs the President (through FEMA) to issue rules treating removal of debris or wreckage from property owned by a residential common interest community as “in the public interest” when a state or local government certifies in writing that the debris threatens life, public health or safety, or economic recovery, and it allows repair of essential shared parts of condominiums and housing cooperatives after a major disaster when an individual’s or household’s pro rata share of costs is documented. These changes apply to presidentially declared major disasters on or after the date of enactment. The bill is procedural and narrow: it clarifies who and what counts for debris removal and shared‑repair assistance under the Stafford Act and sets the paperwork and documentation standards for eligibility.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding the following definitions at the end of the section.
Defines "residential common interest community" as a nonprofit, mandatory membership organization of real estate owners that is created by a declaration or covenant, where owning a unit requires the owner to pay for a share of real estate taxes, insurance premiums, and costs for maintenance, improvement, services, or other expenses relating to common elements, other units, or other real estate besides the owner's unit.
Defines "condominium" as a multi-unit housing project in which (A) each dwelling unit is separately owned; (B) the remaining property is designated for common ownership solely by the unit owners, with each owner having an undivided interest in the common elements; and (C) the condominium is represented by a condominium association made up only of the unit owners that is or will be responsible for operating, administering, and managing the project.
Defines "housing cooperative" as a multi-unit housing entity where each dwelling unit is subject to separate use and possession by one or more cooperative members; the members' interest in the unit and any related undivided cooperative assets is shown by a membership or share interest in the cooperative association and by a lease or other document of title or possession granted by the cooperative (which owns all cooperative property).
Redesignate existing subsections (d) and (e) of Section 407 as subsections (e) and (f), respectively.
Primary effects:
Condominium unit owners, housing cooperative members, and their associations: Benefit from clearer access to federal debris‑removal and repair assistance for community‑owned property and shared/common elements. Associations may be eligible for debris removal and shared‑component repairs once local authorities certify threat conditions and households document pro rata cost shares.
Local and State governments: Must make a written determination that debris on community‑owned property threatens life, public health or safety, or economic recovery to trigger the federal "in the public interest" finding. This adds a small administrative responsibility (a formal written finding) but does not, by itself, require the expenditure of funds.
Federal agencies (FEMA): Will need to issue regulations and update guidance and program procedures to incorporate the new definitions, debris‑removal standard, and documentation requirements for pro rata repair shares. That may require updates to application forms, inspection protocols, and training for staff and grantees.
Households and individuals: Those living in condos and co‑ops must document their pro rata share of required repairs to be eligible for assistance for shared components; this documentation requirement could limit eligibility for households that cannot provide clear evidence of shares or assessments.
Fiscal and programmatic considerations:
Equity and operational notes:
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate
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