H.R. 834 — Disaster Assistance Fairness Act

This section establishes definitions in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)—which authorizes federal assistance following presidentially declared major disasters or emergencies—for four housing-related terms: (13) residential common interest community (i.e., nonprofit mandatory membership organization of real estate owners obligated to pay for shared taxes, insurance, maintenance, or services); (14) condominium (i.e., multi-unit housing project with separately owned units and commonly owned elements managed by a unit owners' association); (15) housing cooperative (i.e., multi-unit entity in which members hold shares or interests granting use and possession via lease from the cooperative); and (16) manufactured housing community (i.e., development designed for manufactured, modular, or prefabricated homes).

This section requires the President to issue rules deeming debris and wreckage removal from real estate owned by a residential common interest community, condominium entity, manufactured housing community, or housing cooperative to be in the public interest when a state or local government determines in writing that such debris threatens life, public health or safety, or the economic recovery of the community. (Thus, this facilitates federal debris removal assistance—normally requiring a presidential public-interest determination—under the Stafford Act for common areas in such properties.)

This section expands permanent housing repair assistance under the Stafford Act's Individuals and Households Program to include repair of essential common elements (e.g., roofs, exterior walls, heating and cooling equipment, elevators, stairwells, utility access, plumbing, and electricity) in condominiums, manufactured housing communities, and housing cooperatives, provided an individual's or household's pro rata share of such repair costs is satisfactorily documented.

This section specifies that the amendments made by this Act apply to major disasters or emergencies declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on or after the date of enactment.