S. 352
119th CONGRESS 1st Session
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.
IN THE SENATE OF THE UNITED STATES · January 30, 2025 · Sponsor: Mr. Budd · Committee: Committee on Homeland Security and Governmental Affairs
Table of contents
SEC. 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 () is amended by adding at the end the following: 42 U.S.C. 5122
- (13) Residential common interest community
- The term means 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—
residential common interest community- real estate taxes;
- insurance premiums; and
- 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.
- The term means 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—
- (14) Condominium
- The term means a multi-unit housing project—
condominium- in which each dwelling unit is separately owned;
- 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
- 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.
- The term means a multi-unit housing project—
- (15) Housing cooperative
- The term means 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.
housing cooperative
- The term means 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.
- (13) Residential common interest community
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 () is amended— 42 U.S.C. 5173
- by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
- (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.
- (d) Rules relating to residential common interest communities
- by inserting after subsection (c) the following:
- by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
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 () is amended— 42 U.S.C. 5174(c)(2)(A)
- in clause (i) by striking
andat the end; - by redesignating clause (ii) as clause (iii); and
- (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
- by inserting after clause (i) the following:
- in clause (i) by striking
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 () on or after the date of enactment of this Act. 42 U.S.C. 5121 et seq.