article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners Empowerment and Protection Act of 1995''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) there are 65,000,000 homeowners in the United States, representing approximately two-thirds of all households, who have a strong and justified interest in preserving and enhancing the value of their property; (2) the value of a homeowner's home is based in large part on the location of the property relative to other features of the built and natural environment, and the increase or decrease in the value of a home over time is inextricably linked to changes in the quality of the neighborhood and environment in which the home is located, including but not limited to the quality of the water for drinking, fishing, and swimming, the clarity and healthfulness of the air, the risk of flooding, the scenic beauty of the community, the presence or absence of offensive odors and excessive noise, the health and abundance of wildlife resources, and other factors; (3) the value of homes in the United States is frequently reduced, and sometimes destroyed, by certain types of land development, industrial activity, and other actions that occur on neighboring properties or at other locations, including sites upwind, upstream, or upslope from private homes; (4) protecting private homeowners from the adverse affects of irresponsible actions of certain entities and individuals which cause injury to homeowners' property values is important not only to homeowners but also to their communities and society as a whole; and (5) current public information and participation procedures are often insufficient to provide individual homeowners with notice of activities and the opportunity to effectively participate in decisionmaking procedures that have the potential to significantly affect the value of their homes. SEC. 3. HOMEOWNER RIGHT OF ACCESS TO INFORMATION ABOUT ACTIVITIES THAT COULD REDUCE THE VALUE OF THEIR HOMES. (a) Notice.-- (1) General requirement.--Within 90 days after the enactment of this Act, the Director of the Office of Management and Budget shall establish uniform Federal procedures applicable to all agencies under this section. In accordance with such procedures, each agency shall require any person required to file any application to conduct property impacting activity with the agency to provide the notice described in this section. The Director shall designate a lead agency in the case of any application under this section that involves more than one agency. (2) Application to conduct property impacting activity.-- For purposes of this section, the term an ``application to conduct property impacting activity'' means an application for a permit, license, or other approval form, or contract, lease, or other arrangement, with an agency, that would authorize the applicant, pursuant to Federal law, to conduct an activity that generates pollutants or produces other adverse impacts with the potential to reduce the value of any private home. (3) Homeowners required to receive notice.--The notice under this section shall be provided by delivery, by certified mail, of individual written notice to each homeowner whose property lies within \1/4\ mile of the perimeter of the site at which the activity that is the subject of the application will be carried out. The applicant shall also publish notice under this subsection at least 3 times in the newspapers of general circulation in the affected community. The agency may also provide notice under this subsection by mail to the owner of any home identified by the agency as reasonably likely to suffer a reduction in value as a result of the proposed activity. (4) Notice contents.--The notice referred to in paragraph (2) shall describe the nature of the application to conduct property impacting activity, the potential impacts of the proposed activity on the value of private homes, potential impacts on homeowners and other members of the public, the name and telephone number of the applicant and an agency representative assigned to provide further information about the application, and any opportunities available for homeowner or other affected members of the public to comment on the proposed activity. (b) Public Response; Identification of Alternatives to Reduce Property Impacts.--In addition to and not in lieu of any other procedures established by law, each agency shall establish a toll-free telephone number which homeowners may call to register concerns about the potential effects on property values of an application for a proposed activity or to request additional information concerning applications to conduct property impacting activities filed with the agency and opportunities to submit public comment. If requested by an applicant or any homeowner whose property is reasonably likely to suffer a reduction in value as a result of the activity to be authorized by such application, the agency shall thoroughly investigate the potential impact of the proposed activity on the value of private homes, and seek to identify alternatives to the proposed action which reduce the adverse effects on the value of private homes. SEC. 4. HOMEOWNER RIGHT OF ACTION. (a) Right of Action.--Whenever any person has carried out any activity that-- (1) is authorized (or required to be authorized) by a permit, license, or other approval issued by an agency or pursuant to Federal law to such person, or by a contract, lease, or other arrangement between such person and an agency, and (2) generates pollutants or produces other adverse impacts that cause or significantly contribute to a total reduction in the value of one or more private homes of $10,000 or more, any owner of a private home, the value of which is reduced by such activity, may commence an action against such person under this section. (b) Notice of Intent to Sue and Voluntary Claim Resolution Procedures.--At least 30 days prior to filing an action under this section, a homeowner shall deliver a notice of intent to sue to the defendant and to the head of the agency to which the application to conduct property impacting activity is submitted or required to be submitted or which has authority to enter into the contract, lease, or other arrangement. If either the homeowner or the defendant requests that the agency resolve the claim, the agency head shall convene a meeting of the parties and use his or her best efforts to arrive at a just resolution of the claim in order to avoid unnecessary litigation costs. Such efforts shall not affect the right of the homeowner to bring an action under this section at any time after the expiration of the 30-day period referred to in this subsection. (c) Burden of Proof.--In any action under this section, the homeowner shall have the burden of demonstrating that the activity conducted by the defendant caused or contributed to a reduction in the value of the homeowner's home. (d) Class Actions.--Similarly affected homeowners are authorized to file suit under this section in accordance with rule 23 of the Federal Rules of Civil Procedure in Federal district court in the district where his or her home is located. (e) Remedy.--Any homeowner authorized to bring suit under this section shall be entitled to recover an amount equal to the reduction in the value of the homeowner's home caused or significantly contributed to by the activity referred to in subsection (a), except that such compensation may not exceed the median value (as determined by the court) of all private homes in the immediate vicinity of the homeowner's home. (f) Attorneys Fees.--Any homeowner who receives compensation under this section shall be awarded reasonable attorney's fees, including the cost of expert witnesses and other reasonable costs. (g) Injunction.--In addition to providing compensation under this section, whenever any activity that is the subject of an action under this section constitutes a violation of any Federal statute, regulation, permit, license, contract, lease, or other arrangement or form of approval, the court may enjoin such activity. (h) Jurisdiction.--The United States district court shall have original jurisdiction, concurrent with State courts, of any action brought under this section. (i) Frivolous or Otherwise Improper Lawsuits.--If the court dismisses any action under this section after finding that the plaintiff's case was frivolous, dilatory, abusive, or brought to harass the defendant or for any other improper purpose, in addition to any other sanction available to the court under the Federal Rules of Civil Procedure, the court may, upon motion by the defendant, order the plaintiff to pay the defendant's reasonable attorney's fees and other expenses reasonably incurred by the defendant in participating in the litigation. (j) Statute of Limitations.--No action may be brought under this section with respect to any private home or homes after the date 5 years after the date on which the total reduction in the value of such home or homes has reached $10,000. (k) Savings Provisions.-- (1) Prohibition of limitation on other claims.--No provision of this Act shall be construed to limit the rights of any person to pursue any claim or cause of action under the Constitution or any other law (including a claim or cause of action concerning real or personal property). (2) Prohibition of use as condition precedent.-- Commencement of a suit under this Act, or receipt of compensation under this Act, shall not be a condition precedent for any claim or cause of action under any other authority of law. SEC. 5. EFFECTIVE DATE. This Act shall apply to each permit, license, or other form of approval issued by an agency after the date 180 days after the enactment of this Act and to each contract, lease, or other arrangement entered into by an agency after the date 180 days after the enactment of this Act. SEC. 6. DEFINITIONS. As used in this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551(1) of title 5, United States Code. (2) Potential to reduce the value.--An activity that generates pollutants or produces other adverse impacts shall be considered to have the potential to reduce the value of any private home whenever such activity may result in physical damage or any other unlawful or objectively unreasonable interference with the use and enjoyment of a private home. (3) Private home.--The term ``private home'' means any owner occupied dwelling, including any multi-family dwelling and any condominium. (4) Reduction in value.--For any private home affected by an activity referred to in section 4, the term ``reduction in value'' means the difference (estimated based on values at the time an action is brought under this section) between the fair market value of the home, and the fair market value of the home in the absence of such activity. (5) Person.--The term ``person'' means any individual, corporation, partnership, or other organization or entity other than a Federal, State, or local government agency.
summary: Homeowners Empowerment and Protection Act of 1995 - Requires the Director of the Office of Management and Budget to establish uniform Federal agency procedures with respect to application and homeowner notice requirements for the conduct of activities that generate pollutants or other adverse impacts with the potential to reduce private home values. Directs each agency to: (1) require any person filing an application to conduct property impacting activity to provide affected homeowners with written notice; (2) provide a toll-free telephone number for homeowner response; and (3) investigate the proposed activity's impact on home values. Creates a homeowner right of action, including class action authority, for certain home value reductions.