119-hr834

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 834 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 834

 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 HOUSE OF REPRESENTATIVES

 January 31, 2025

 Mr. Rouzer (for himself, Mr. Torres of New York, Mr. Nadler, and Ms. 
 Pettersen) introduced the following bill; which was referred to the 
 Committee on Transportation and Infrastructure

_______________________________________________________________________

 A BILL

 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 community' means any nonprofit 
 mandatory membership organization comprising 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, is 
 obligated to pay for a share of real estate taxes, insurance 
 premiums, maintenance, or improvement of, or services or other 
 expenses related to, common elements, other units, or any other 
 real estate other than that unit described in the declaration.
 ``

    (14) Condominium.--The term `condominium' means a multi-
 unit housing project in which each dwelling unit is separately 
 owned, and the remaining portions of the real estate are 
 designated for common ownership solely by the owners of those 
 units, each owner having an undivided interest in the common 
 elements, and which is represented by a condominium association 
 consisting exclusively of all the unit owners in the project, 
 which is, or will be responsible for the operation, 
 administration, and management of the project.
 ``

    (15) Housing cooperative.--The term `housing cooperative' 
 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.
 ``

    (16) Manufactured housing community.--The term 
 `manufactured housing community' means a residential 
 development or neighborhood specifically designed for the 
 placement of manufactured homes, as that term is defined in 24 
 C.F.R. 3280.02, modular homes, prefabricated homes, or any 
 combination of each.''.

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) ; 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, condominium entity, manufactured housing community, or 
housing cooperative resulting from a major disaster is in the public 
interest when a State or local government determines in writing such 
debris or wreckage constitutes a threat to life, to public health or 
safety, or to the economic recovery of the residential common interest 
community.''.

SEC. 4. CONDOMINIUMS, MANUFACTURED HOUSING COMMUNITIES, 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 adding after clause
            (i) the following:
 ``
            (ii) the repair of essential common 
 elements of a condominium, manufactured housing 
 community, or housing cooperative (such as a 
 roof, exterior wall, heating and cooling 
 equipment, elevator, stairwell, utility access, 
 plumbing, and electricity) provided 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 to a major disaster or 
emergency 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.
 <all>