119-s352

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 352 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 352

 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

 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

_______________________________________________________________________

 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 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 `condominium' means 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 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.''.

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.
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