Housing Survivors of Major Disasters Act

Bill: 119-hr-426
Sponsor: full_name: Rep. Espaillat, Adriano [D-NY-13]
Introduced: 2025-01-15
Policy area: Emergency Management
Latest action: action_date: 2025-01-16
text: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

Summaries:
action_date: 2025-01-15
action_desc: Introduced in House
text: <p><strong>Housing Survivors of Major Disasters Act</strong></p><p>This bill expands eligibility for disaster housing assistance under the Federal Emergency Management Agency (FEMA) Individuals and Households Program (IHP) with respect to property damage, availability of housing resources, and constructive (i.e., implied) ownership. &nbsp;</p><p>Specifically, the bill lowers the level of damage required to be eligible for IHP housing assistance, so the residence must be damaged by a major disaster instead of rendered uninhabitable.</p><p>Also, under current law, FEMA is authorized to provide IHP assistance for permanent housing construction where (1) no alternative housing resources are available; and (2) other types of temporary housing assistance are unavailable, infeasible, or not cost-effective. The bill authorizes IHP permanent housing construction where FEMA determines such assistance is a cost-effective alternative to other housing solutions, such as providing for temporary housing costs.</p><p>Additionally, the bill requires&nbsp;FEMA to consider an individual's or household’s claim of constructive ownership, where evidence supports such ownership is more likely than not, when determining eligibility for IHP financial assistance for home repair or replacement for a residence without documented ownership rights. FEMA must consider all evidence provided (e.g., deeds, tax receipts, insurance documents) when determining whether constructive ownership more likely than not exists. If FEMA determines the evidence is insufficient, FEMA may require a signed declarative statement describing the constructive ownership.</p>

tv_txt: I 119th CONGRESS 1st Session H. R. 426 IN THE HOUSE OF REPRESENTATIVES January 15, 2025 Mr. Espaillat (for himself and Mrs. Kim ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To make available necessary disaster assistance for families affected by major disasters, and for other purposes.

1. Short title This Act may be cited as the Housing Survivors of Major Disasters Act . 2. Definitions In this Act: (1) FEMA The term FEMA means the Federal Emergency Management Agency. (2) Administrator The term Administrator means the Administrator of FEMA. 3. Eligibility for and use of disaster assistance (a) Evidence (1) Consideration Where an individual or household does not have documented ownership rights in their predisaster primary residence, in making a determination to provide assistance pursuant to paragraphs (2) and (3) of section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c) ), the President shall consider an individual or household claim to having constructive ownership where evidence supports that it is more likely than not the individual or household has such ownership. (2) Forms of evidence In determining whether it is more likely than not that an individual or household has constructive ownership under paragraph (1), the Administrator shall consider all evidence provided by an individual or household, including a digital or physical copy of the following: (A) The deed or title for the applicable property. (B) A mortgage payment booklet or another mortgage document. (C) Property title of mobile home certificate of title. (D) A real estate property tax receipt. (E) A will and testament with the name and address of the individual that conveys the individual is the owner. (F) In a State that does not require a will and testament for the transfer of immovable property, a death certificate and birth certificate that establishes an automatic transfer of legal ownership. (G) Homeowners insurance documentation. (H) Home Purchase Contracts, including, but not limited to, Bill of Sale, Bond for Title, Land Installment Contracts. (I) Receipts of major repairs or maintenance dated within five years prior to the disaster. (J) Court Documents. (K) Letter prepared after the disaster from a mobile home park owner or manager or public office that meets FEMA requirements. (L) Notice of Federal benefits. (M) Student loan documentation. (N) Any other documentation, certification, identification, or proof of occupancy or ownership not included on this list that can reasonably link the individual requesting assistance to the applicable property, as determined by the President. (3) Declarative statement (A) In general Where evidence of constructive ownership is not sufficient, the Administrator may require the individual or household to provide a declarative statement, signed under penalty of perjury, that describes why the individual or household is the constructive owner of the property. (B) Prohibition of notarization The Administrator may not require notarization of a declarative statement submitted under this paragraph. (b) Definition of constructive ownership In this section, the term constructive ownership means that an individual’s or household’s residence is owner-occupied, as determined by the Administrator, the purposes of section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ). (c) Applicability This section shall apply to funds appropriated on or after the date of enactment of this Act. 4. Repair and rebuilding (a) Housing assistance 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 rendered uninhabitable and inserting damaged by a major disaster ; and (2) by striking uninhabitable, as a result of damage caused by a major disaster and inserting damaged by a major disaster . (b) Types of housing assistance Section 408(c)(4) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174 ) is amended by striking in cases in which and all that follows through the end of the paragraph and inserting if the President determines such assistance is a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section. . (c) Provision of grants as pilot program Section 408(f)(3)(J) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(f)(3)(J) ) is amended— (1) in clause (ii) by striking Not later than 2 years after the date of enactment of this paragraph, the Administrator and inserting The Administrator ; and (2) in clause (iii)— (A) by striking 2 years after the date of enactment of this paragraph or ; and (B) by striking , whichever occurs sooner . (d) Applicability This section and the amendments made by this section shall only apply to— (1) applications received on or after the date of enactment of this Act; and (2) amounts appropriated on or after the date of enactment of this Act. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.