Disaster Assistance Fairness Act
The Disaster Assistance Fairness Act would expand federal disaster relief under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include residential common interest communities—specifically condominiums and housing cooperatives, and similar homeowner associations. The bill adds formal definitions for these community types, requires new rules to allow debris removal in such communities when a state or local government determines it is in the public interest for life, health, safety, or economic recovery, and broadens eligibility to cover repair of essential common elements (like roofs, exterior walls, HVAC, elevators, etc.) based on documented pro rata shares of costs. The provisions apply to major disasters declared on or after the act’s enactment. In short, the bill aims to ensure that condos, housing cooperatives, and similar common-interest communities receive disaster assistance on par with individual homeowners for both debris removal and essential shared element repairs, with rules and documentation to support fairness and administration.
Key Points
- 1Definitions added for residential common interest communities, condominiums, and housing cooperatives to formalize who is eligible for expanded disaster assistance.
- 2Debris removal: The President must issue rules stating that removing debris from real estate owned by a residential common interest community is in the public interest when a state or local government determines debris poses a threat to life, public health, safety, or economic recovery.
- 3Essential common elements repairs: The Act expands eligibility to cover repair of essential shared elements in condos or housing cooperatives (e.g., roofs, exterior walls, HVAC, elevators, plumbing, electrical) if the individual or household’s pro rata share of the repair costs is satisfactorily documented.
- 4Applicability: These amendments apply to major disasters declared by the President on or after the date of enactment.
- 5Administration: Requires Presidential rulemaking to implement the new debris removal and cost-sharing provisions.