HR834-119

1. Short title This Act may be cited as the Disaster Assistance Fairness Act.

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: 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. 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. 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. 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. (13)Residential common interest communityThe 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)CondominiumThe 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 cooperativeThe 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 communityThe 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..

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— by redesignating subsections (d) and (e) as subsections (e) and (f); and by inserting after subsection (c) the following: 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. (d)Rules relating to residential common interest communitiesThe 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..

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— in clause (i) by striking and at the end; by redesignating clause (ii) as clause (iii); and by adding after clause (i) the following: 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 (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.

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.