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S 4388

Housing Survivors of Major Disasters Act of 2026

119th Congress Introduced by Michael Bennet and 12 co-sponsors

Expands Stafford Act disaster housing aid to more survivors, including those without documented ownership, by funding title-related costs and streamlined ownership proof.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4388

Overview

  • Bill: S. 4388, Housing Survivors of Major Disasters Act of 2026
  • Session: 119th Congress, 2nd Session
  • Purpose: To expand access to disaster assistance for families affected by major disasters, with a focus on housing stability, property ownership evidence, and streamlined provisions for temporary and longer-term housing solutions.

Main aims and intent

  • Make disaster assistance available under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to individuals and households impacted by major disasters declared by the President (section 401), including the 2017 Hurricane Maria disaster.
  • Improve housing options for survivors by permitting use of funds for obtaining or correcting title to predisaster property, and by enhancing evidence standards for establishing ownership.
  • Reform eligibility, evidence, declarative statements, and coordination between FEMA and HUD to facilitate temporary housing and long-term recovery.

Key provisions and changes

1) Eligibility for disaster assistance (Section 3)

  • Extends eligibility for financial assistance under Stafford Act section 408 to individuals and households affected by major disasters, including Hurricane Maria.
  • Allow funds to be used for costs related to obtaining title to the affected property, including land surveys and related taxes/fees.
  • Defines eligible recipients as:
    • Individuals living on the affected property without documented ownership or rental rights, or
    • Individuals who were residing—physically or temporarily—in the disaster area during the incident period, including the homeless and those in various housing arrangements (e.g., boarding houses, mobile homes, travel trailers).

2) Evidence and ownership (Section 3(d))

  • For owner-occupants lacking documented ownership, the Administrator must consider constructive ownership evidence.
  • Establishes a non-exhaustive list of acceptable evidence to prove occupancy or ownership, including utility bills, merchant statements, pay stubs, driver’s license/ID, deeds, mortgage documents, tax receipts, school registrations, birth/death certificates, medical records, charitable receipts, and other reasonable proofs linking the applicant to the property.
  • Encourages broad, flexible acceptance of documentation to verify occupancy/ownership.

3) Declarative statement process (Section 4)

  • Develops a declarative statement form to self-certify eligibility for assistance.
  • Prohibits notarization of the declarative statement.
  • Exempts the declaration form from public notice, comment periods, and Paperwork Reduction Act review.
  • Requires FEMA guidance to employees and availability of the form in English and Spanish at Disaster Recovery Centers, plus publication on FEMA’s website and social media.
  • Allows applicants displaced since 2017 up to 180 days to submit the declarative form to reopen or appeal determinations.

4) Repair and rebuilding (Section 5)

  • Amends Section 408 to broaden the definition from “rendered uninhabitable” to “damaged by a major disaster.”
  • Updates standards for long-term habitability during recovery, emphasizing coordination with other sources for repair/rebuilding.
  • Allows consideration of cost-effective alternatives to temporary housing, including other housing solutions rather than only temporary housing.

5) FEMA-HUD collaboration (Section 6)

  • Requires FEMA and HUD to convene within 60 days of a major disaster declaration to discuss implementing a disaster housing program or joint program under Section 408.
  • Aims to provide temporary rental assistance to displaced individuals and households, including those eligible under Section 3.

Section 2 definitions

  • Clarifies terms for consistency (FEMA and Administrator defined).

Who is affected

  • Individuals and households affected by major disasters declared under the Stafford Act (e.g., residents with or without documented ownership, renters, the homeless, and those in various housing arrangements within the disaster area).
  • Property owners and occupants seeking title clarification or assistance with acquiring or validating ownership.
  • Communities and localities in the disaster area that participate in disaster housing programs.
  • FEMA and HUD, coordinating on housing assistance delivery and program design.

Procedural and timeline aspects

  • Effective date: Provisions apply to funds appropriated on or after enactment.
  • Declarative statement: FEMA must create the form within 30 days of enactment, make it available in Spanish and English at Disaster Recovery Centers, and publish it online within 30 days.
  • Guidance to staff: FEMA must provide guidance within 30 days.
  • Public accessibility: Declarative statement and instructions to reopen/appeal determinations published within 30 days.
  • Past-determination window: Applicants affected since 2017 get up to 180 days to submit the declarative form to reopen/appeal.
  • Post-disaster coordination: FEMA and HUD must engage in consultations within 60 days of a disaster declaration to explore a joint housing program.

Potential impact

  • Expands eligibility and streamlines access to disaster housing funds for a broader set of survivors, including those lacking formal property ownership.
  • Improves housing stability by enabling title acquisition costs to be funded and by emphasizing habitable, longer-term recovery.
  • Enhances procedural clarity and accessibility through the declarative statement, reduced notarization barriers, and multilingual outreach.
  • Encourages cross-agency collaboration to create or expand temporary rental assistance programs following major disasters.

Compiled from official sources — confirm details with the bill’s official record.

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