Title: Disaster Assistance Equity Act of 2017
Policy area: Emergency Management

Summary:
Disaster Assistance Equity Act of 2017
This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the definition of "private nonprofit facility" to include any facilities (including roads, bridges, sewer systems, and other critical community infrastructure) owned or operated by a common interest community that provide essential services of a governmental nature.
The bill also defines additional terms under such Act, including "condominium" and "housing cooperative." "Common interest community" is defined as: (1) any nonprofit mandatory membership organization comprised of owners of real estate (other than a condominium or housing cooperative) 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 the unit described in the declaration; and (2) a condominium project that is comprised entirely of detached single family units or that is comprised of four or more multi-unit housing structures and that owns or operates facilities that provide essential services of a governmental nature.
The bill amends such Act to provide that for purposes of the provision of federal disaster assistance with respect to residential elements that are the legal responsibility of an association for a condominium or housing cooperative, the terms "individual" or "household" include the association.
The President must determine the maximum amount of assistance that any such association may receive under such Act for a single disaster.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3238 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3238

     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 HOUSE OF REPRESENTATIVES

                             July 13, 2017

 Mr. Sanford (for himself, Mr. Nadler, Mr. Zeldin, Mr. Engel, and Mr. 
King of New York) introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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.

    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 
2017''.

SEC. 2. DEFINITIONS.

    (a) Definition of Private Nonprofit Facility.--Section 102(11)(B) 
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122(11)(B)) is amended by adding at the end the following: 
``The term also includes any facilities (including roads, walkways, 
bridges, culverts, canals, sewer and wastewater systems, hazard 
mitigation systems, power, and other critical community infrastructure) 
owned or operated by a common interest community that provide essential 
services of a governmental nature.''.
    (b) Additional 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) Common interest community.--The term `common 
        interest community' means--
                    ``(A) any nonprofit mandatory membership 
                organization comprised of owners of real estate (other 
                than a condominium or housing cooperative) 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; and
                    ``(B) a condominium project--
                            ``(i) comprised entirely of detached single 
                        family units; or
                            ``(ii) comprised of four or more multi-unit 
                        housing structures, that owns or operates 
                        facilities (including roads, walkways, bridges, 
                        culverts, canals, sewer and wastewater systems, 
                        hazard mitigation systems, power, or other 
                        critical community infrastructure) that provide 
                        essential services of a governmental nature.
            ``(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 project 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. CONDOMINIUMS AND HOUSING COOPERATIVES DAMAGED BY A MAJOR 
              DISASTER.

    (a) Individuals and Households Program.--Section 408(b)(1) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5174(b)(1)) is amended--
            (1) by striking ``The President'' and inserting the 
        following:
                    ``(A) In general.--The President''; and
            (2) by adding at the end the following:
                    ``(B) Condominiums and housing cooperatives.--For 
                purposes of providing financial assistance under 
                subsections (c)(2) and (c)(3) with respect to 
                residential elements that are the legal responsibility 
                of an association for a condominium or housing 
                cooperative, the terms `individual' and `household' 
                include the association for the condominium or housing 
                cooperative.''.
    (b)  Maximum Amount of Assistance.--Section 408(h) of such Act (42 
U.S.C. 5174(h)) is amended by adding at the end the following:
            ``(3) Special rule for condominiums and housing 
        cooperatives.--
                    ``(A) In general.--In lieu of the limit established 
                under paragraph (1), the maximum amount of assistance 
                that an association for a condominium or housing 
                cooperative may receive under this section with respect 
                to a single disaster shall be an amount to be 
                determined by the President by regulation.
                    ``(B) Adjustment of limit.--The amount determined 
                by the President under subparagraph (A) shall be 
                adjusted annually in accordance with paragraph (2).''.

SEC. 4. 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.) 
after the date of enactment of this Act.
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