Disaster Assistance Equity Act of 2021
Bill: H.R.5298 | Sponsor: Rep. Nadler, Jerrold (D-NY)
Policy area: Emergency Management

Summary:
Disaster Assistance Equity Act of 2021
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

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Assistance Equity Act of 
2021''.

SEC. 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:
            ``(13) Residential common interest community.--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.
            ``(14) Condominium.--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.
            ``(15) Housing cooperative.--The term `housing cooperative' 
        means a multi-unit housing entity in which each dwelling unit 
        is subject to separate use and possession by one 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.''.

SEC. 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--
            (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.''.

SEC. 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)) is amended--
            (1) in clause (i) by striking ``and'' at the end;
            (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''.

SEC. 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.
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