S. 352 — Disaster Assistance Fairness Act

This section establishes three new definitions in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122): (1) residential common interest community, meaning a nonprofit mandatory membership organization of real estate owners obligated to pay a share of real estate taxes, insurance premiums, and maintenance or services for common elements and other real estate; (2) condominium, meaning a multi-unit housing project in which each dwelling unit is separately owned, common elements are owned undivided by unit owners, and managed by an owners' association; and (3) housing cooperative, meaning a multi-unit housing entity in which units are used by cooperative members holding membership or share interests and leases from the cooperative association as property owner.

This section directs the President to issue rules deeming debris removal from real estate owned by a residential common interest community (i.e., homeowners association or condominium) to be in the public interest upon a written state or local government determination that such debris threatens life, public health or safety, or the community's economic recovery. (Thus, this facilitates federal debris removal assistance—available at a minimum 75% federal share under Stafford Act §407—following major disasters.)

This section expands financial assistance for repair of disaster-damaged housing under the Stafford Act to include an individual's or household's pro rata share of costs to repair essential common elements of a condominium or housing cooperative (such as a roof, exterior wall, heating and cooling equipment, elevator, stairwell, utility access, plumbing, and electricity), if satisfactorily documented.

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