PolicyBrief
H.R. 834
119th CongressJan 31st 2025
Disaster Assistance Fairness Act
IN COMMITTEE

This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve the process of removing debris and repairing common areas in residential communities after a major disaster. It ensures that condominiums, housing cooperatives, and manufactured housing communities are eligible for disaster relief and emergency assistance.

David Rouzer
R

David Rouzer

Representative

NC-7

LEGISLATION

Disaster Relief Gets a Major Upgrade: New Bill Promises Faster Aid for Condo and Co-op Owners

The Disaster Assistance Fairness Act is stepping in to fix a big gap in how we handle disaster relief, particularly for folks living in condos, housing cooperatives, and manufactured housing communities. This bill amends the Stafford Act—the main law governing federal disaster response—to make sure these communities get the same kind of help as traditional single-family homes after a major disaster.

What's Actually Changing?

The core of the bill revolves around two key improvements: debris removal and repairs to essential common elements. Under current rules, it can be tricky for communities with shared ownership (like condos) to get federal help for clearing out debris or fixing shared spaces. This new law changes that.

  • Debris Removal: If a state or local government determines that debris in a residential common interest community poses a threat to public health, safety, or economic recovery, the President must issue rules to treat removing that debris as being in the public interest (SEC. 3). Think fallen trees blocking access roads or storm surge damage making areas unsafe. Previously, this wasn't always a sure thing.
  • Essential Common Element Repairs: The bill specifically includes coverage for repairing essential common elements in condos, manufactured housing communities, and housing cooperatives (SEC. 4). This could mean fixing shared roofs, elevators, or essential utilities—things individual owners can't tackle alone but are crucial for getting back on their feet. For example, if a hurricane damages the shared roof of a condo building, this provision could help cover those costs, provided the individual's share of the cost is documented.

Real-World Rollout

Let's say you live in a condo complex hit by a hurricane. Before this law, getting federal assistance for removing debris from the complex's private roads or repairing the damaged roof over multiple units could be a bureaucratic nightmare. With this act, if your local government declares the debris a threat, the path to federal assistance for removal is clear. And if the shared roof is damaged, the cost of repairs can now be covered, making recovery faster and less financially devastating.

Or, imagine a manufactured housing community where a tornado rips through, leaving a mess of debris and damaging shared infrastructure. This bill ensures that the community isn't left to fend for itself solely because of its ownership structure. The same applies to housing cooperatives, where residents collectively own the property.

Potential Challenges

While the Disaster Assistance Fairness Act aims to level the playing field, there are a few things to keep an eye on:

  • Cost Concerns: There's a potential for inflated repair costs or even fraudulent claims related to "essential common elements." Defining exactly what qualifies as "essential" might get tricky, leading to some disputes.
  • Local Pressure: State and local governments might face pressure to declare debris removal necessary for political reasons, even if the actual threat is debatable.

The Bigger Picture

This bill plugs a significant hole in our disaster response system. By including residential common interest communities, it acknowledges the diverse ways people own and live in homes today. The changes apply to any major disaster declared after the law's enactment (SEC. 5), meaning communities hit by future disasters will benefit. It also aligns federal disaster relief with the reality that many Americans live in shared-ownership communities, ensuring they aren't left behind when disaster strikes.