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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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