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HR 834119th CongressIn Committee

Disaster Assistance Fairness Act

Introduced: Jan 31, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Disaster Assistance Fairness Act would expand federal disaster relief under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to explicitly cover common interest communities such as condominiums, housing cooperatives, and manufactured housing communities. It creates new definitions for these community types, and it authorizes federal assistance for repairing essential common elements (like roofs, exterior walls, HVAC, elevators, plumbing, etc.) in these communities after a major disaster, provided that the unit owners’ pro rata shares of those costs are documented. The bill also adds a rulemaking provision allowing debris removal from property owned by these communities to be treated as a public interest when state or local governments determine it poses threats to life, health, safety, or economic recovery. These changes would apply to major disasters announced after the Act’s enactment. In short, the bill aims to ensure that residents living in condos, HOAs, housing cooperatives, and manufactured housing communities can receive federal support for critical shared-structure repairs and for debris removal, clarifying eligibility and documentation requirements and enabling expedited debris actions when deemed necessary by states and the President.

Key Points

  • 1Defines new terms: residential common interest community, condominium, housing cooperative, and manufactured housing community, to cover common ownership structures where residents jointly pay for shared elements and upkeep.
  • 2Debris removal rules: requires the President to issue rules stating that debris removal from real estate owned by these communities is in the public interest when a state or local government writes that the debris poses threats to life, health or safety, or economic recovery.
  • 3Expanded repair eligibility: amends the Stafford Act to allow funding for repair of essential common elements in condos, manufactured housing communities, and housing cooperatives, so long as each unit’s or household’s pro rata share of these repair costs is satisfactorily documented.
  • 4Documentation condition: the new repair provision relies on proper documentation of each unit’s or household’s share of essential common element repair costs.
  • 5Applicability date: the amendments apply to major disasters or emergencies declared after the date of enactment of the Act.

Impact Areas

Primary group/area affected: residents and governance bodies of condominiums, housing cooperatives, and manufactured housing communities in disaster-affected areas, including unit owners and cooperative members who share responsibility for common elements.Secondary group/area affected: state and local governments, as well as emergency management agencies, who would determine debris threats and implement the new debris-removal guidelines; conformance with documentation and financial reporting by associations.Additional impacts: potential changes to federal disaster funding processes and timelines for common elements repairs; added administrative requirements for associations to document pro rata shares; possible expansion of eligible work to essential common elements (e.g., roofs, HVAC, elevators) that may require coordination with the Disaster Relief Fund; potential for more rapid debris clearance in prescribed communities after disasters.
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