Disaster Assistance Fairness Act

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. 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 (13) Residential common interest community The term residential common interest community (14) Condominium The term condominium (15) Housing cooperative The term housing cooperative . 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 (1) by redesignating subsections (d) and (e) as subsections (e) and (f); 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 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 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) (1) in clause (i) by striking and (2) by redesignating clause (ii) as clause (iii); and (3) by adding 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) 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.

Summary: Disaster Assistance Fairness Act This bill makes common interest communities, such as housing cooperatives (co-ops) and condominiums, eligible for the same assistance from the Federal Emergency Management Agency (FEMA) as other homeowners. Specifically, the bill adds definitions of residential common interest community, condominium, and housing cooperative to the Robert T. Stafford Disaster Relief and Emergency Assistance Act; requires FEMA to issue rules for the removal of debris or wreckage from real estate owned by a residential common interest community resulting from a major disaster and deems such removal to be 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 such community; and provides for the repair of essential common elements of a condominium or co-op damaged by a disaster under FEMA's Federal Assistance to Individuals and Households Program.