II 

118TH CONGRESS 

2D SESSION S. 5514 

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 

DECEMBER 12, 2024 

Mr. BUDD 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disaster Assistance 

5 Fairness Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 Section 102 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5122) is 

4 amended by adding at the end the following: 

5 ‘‘(13) RESIDENTIAL COMMON INTEREST COM6 MUNITY.—The term ‘residential common interest 

7 community’ means a nonprofit mandatory member8 ship organization comprising of owners of real estate 

9 described in a declaration or created pursuant to a 

10 covenant or other applicable law with respect to 

11 which a person, by virtue of the person’s ownership 

12 of a unit of the real estate, is obligated to pay for 

13 a share of— 

14 ‘‘(A) real estate taxes; 

15 ‘‘(B) insurance premiums; 

16 ‘‘(C) maintenance or improvement of, or 

17 services or other expenses relating to, common 

18 elements, other units, or any other real estate 

19 other than the unit described in the declaration. 

20 ‘‘(14) CONDOMINIUM.—The term ‘condo21 minium’ means a multi-unit housing project— 

22 ‘‘(A) in which each dwelling unit is sepa23 rately owned; 

24 ‘‘(B) the remaining portions of the real es25 tate of which are designated for common owner26 ship solely by the owners of the dwelling units, 


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1 each owner having an undivided interest in the 

2 common elements; and 

3 ‘‘(C) which is represented by a condo4 minium association consisting exclusively of the 

5 owners of each dwelling unit, which is, or will 

6 be responsible for the operation, administration, 

7 and management of the project. 

8 ‘‘(15) HOUSING COOPERATIVE.—The term 

9 ‘housing cooperative’ means a multi-unit housing en10 tity in which each dwelling unit is subject to sepa11 rate use and possession by 1 or more cooperative 

12 members whose interest in such unit, and in any un13 divided assets of the cooperative association that are 

14 appurtenant to such unit, is evidenced by a member15 ship or share interest in a cooperative association 

16 and a lease or other document of title or possession 

17 granted by such cooperative as the owner of all coop18 erative property.’’. 

19 SEC. 3. REMOVAL OF DEBRIS RESULTING FROM A MAJOR 

20 DISASTER IN RESIDENTIAL COMMON INTER21 EST COMMUNITIES. 

22 Section 407 of the Robert T. Stafford Disaster Relief 

23 and Emergency Assistance Act (42 U.S.C. 5173) is 

24 amended— 


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1 (1) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) RULES RELATING TO RESIDENTIAL COMMON

6 INTEREST COMMUNITIES.—The President shall issue 

7 rules which provide that removal of debris or wreckage 

8 from real estate owned by a residential common interest 

9 community resulting from a major disaster is in the public 

10 interest when a State or local government determines in 

11 writing that such debris or wreckage constitutes a threat 

12 to life, public health or safety, or the economic recovery 

13 of the residential common interest community.’’. 

14 SEC. 4. CONDOMINIUMS AND HOUSING COOPERATIVES 

15 DAMAGED BY A MAJOR DISASTER. 

16 Section 408(c)(2)(A) of the Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 

18 5174(c)(2)(A)) is amended— 

19 (1) in clause (i) by striking ‘‘and’’ at the end; 

20 (2) by redesignating clause (ii) as clause (iii); 

21 and 

22 (3) by inserting after clause (i) the following: 

23 ‘‘(ii) the repair of essential common 

24 elements of a condominium or housing co25 operative (such as a roof, exterior wall, 


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1 heating and cooling equipment, elevator, 

2 stairwell, utility access, plumbing, elec3 tricity, and private access route) if an indi4 vidual’s or household’s pro rata share of 

5 essential common element repair costs are 

6 satisfactorily documented; and’’. 

7 SEC. 5. APPLICABILITY. 

8 The amendments made by this Act shall apply with 

9 respect to a major disaster declared by the President 

10 under the Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5121 et seq.) on or after 

12 the date of enactment of this Act. 

Æ 


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