Bill Summary
The "Housing Survivors of Major Disasters Act" is a legislative proposal aimed at providing essential disaster assistance to individuals and families affected by major disasters. The Act seeks to facilitate access to aid, particularly for those who may not have formal ownership documentation of their primary residences prior to the disaster.
Key components of the legislation include:
1. **Eligibility for Assistance**: The Act allows the Federal Emergency Management Agency (FEMA) to recognize "constructive ownership," meaning that individuals or households can demonstrate ownership through various forms of evidence, even if they lack formal documentation. This could include documents like mortgage statements, property tax receipts, or letters from landlords.
2. **Evidence Requirements**: The legislation outlines a comprehensive list of acceptable evidence for establishing constructive ownership. If sufficient evidence is not available, FEMA may accept a signed declarative statement from the individual claiming ownership, without requiring notarization.
3. **Housing Assistance**: The Act amends existing provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to broaden the definition of housing assistance, allowing for support to be provided for properties simply "damaged by a major disaster" rather than only those rendered uninhabitable.
4. **Pilot Program for Grants**: It includes provisions for the establishment of a pilot program that enables the provision of grants for housing assistance, streamlining the process for receiving aid.
5. **Applicability**: The changes introduced by this Act apply to funds appropriated or applications received on or after the date of its enactment.
Overall, the Act aims to improve the accessibility and effectiveness of disaster assistance for survivors, ensuring that more people can receive the help they need in the aftermath of major disasters.
Possible Impacts
The "Housing Survivors of Major Disasters Act" could affect individuals and families in the following ways:
1. **Increased Access to Disaster Assistance**: The legislation aims to simplify the eligibility criteria for disaster assistance, especially for those who may not have traditional ownership documentation of their homes. For families who are renting, living in mobile homes, or those who experience issues with property documentation, this act allows for the possibility of claiming constructive ownership. This means that more individuals and households affected by disasters may receive financial assistance to recover and rebuild, enhancing their ability to access necessary resources for recovery.
2. **Streamlined Evidence Requirements**: By broadening the types of evidence that can be submitted to prove ownership or occupancy (such as maintenance receipts, insurance documents, or even a declarative statement), the act reduces barriers for individuals who may struggle to provide standard legal documentation. This could significantly help those who have lost their homes or were displaced due to a major disaster, allowing them quicker access to the aid they need to begin the rebuilding process.
3. **Flexibility in Housing Assistance**: The amendments made to define housing assistance in a more flexible way can lead to quicker and more efficient recovery options. For example, assistance can now be provided for homes that are simply "damaged" rather than only "uninhabitable," and grants may be given when deemed cost-effective rather than solely based on traditional temporary housing solutions. This flexibility can lead to more tailored and immediate support for survivors, enabling them to choose the best path for their recovery, whether that involves repairing their existing home or exploring alternatives.
In summary, the act enhances access to assistance, streamlines documentation requirements, and provides flexible options for recovery, which could significantly improve the recovery process for individuals and families affected by major disasters.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 426 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 426
To make available necessary disaster assistance for families affected
by major disasters, and for other purposes.
_______________________________________________________________________
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.
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 ``Housing Survivors of Major Disasters
Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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