Transcript 2009 DISASTER LAW UPDATE - Florida Legal Services, Inc.

FEMA POLICIES & PROCEDURES
LISA CARMONA, FLORIDA EQUAL JUSTICE CENTER
JOSE FONS, LEGAL SERVICES OF GREATER MIAMI
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The Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act) governs disaster
assistance. 42 U.S.C. §§5121, et seq.
The Stafford Act is codified at 44 C.F.R. §
206.11 et seq. (Otherwise known as the
“FEMA Regs”).
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The Governor of the State must request that the President
issue a Declaration of Disaster in so that the state will be
eligible for federal disaster assistance programs.
Advocates should obtain a copy of the disaster declaration
and a copy of the FEMA state agreement from the Federal
Register. These documents will provide the following
information: date of the disaster, incident period,
geographical area of the disaster and types of disaster
assistance that are authorized.
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Standard period for FEMA registration is 60 days following
the date of the Presidential disaster declaration. This 60
day registration period may be extended if the State
requests an extension.44 C.F.R. § 206.112.
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Applicants may register by phone, online or in
person at a DRC.
Immigration requirements: For cash assistance
programs: At least one member of the
household must be a lawful permanent resident,
or US citizen. Parents may apply on behalf of
their minor USC children. FEMA benefits do not
qualify as “public benefits” and therefore will not
have future consequences on a recipient’s future
ability to adjust immigration status.
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HOMEOWNERS AND RENTERS
PRIMARY RESIDENCE MUST HAVE BEEN
DESTROYED, UNINHABITABLE OR INACCESSIBLE.
RENTERS WHOSE PRIMARY RESIDENCE IS NO
LONGER AVAILABLE AS A RESULT OF THE
DISASTER.
INSURED PERSONS WHO ARE WAITING ON CLAIMS
FILED WITH INSURANCE COMPANIES **
(APPLICANT WILL HAVE TO REPAY FEMA UPON
RECEIPT OF INSURANCE PROCEEDS IF INSURANCE
PAYS THE MAXIMUM THAT FEMA WOULD PAY).
See, 44 C.F.R. 206.113
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PERSONS WITH ADEQUATE RENT FREE
HOUSING ALTERNATIVES.
PERSONS WHO OWN RENTAL PROPERTY.
PERSONS WHO FAILED TO MAINTAIN FLOOD
INSURANCE.
RENTERS WITHOUT PROOF OF LANDLORD
TENANT RELATIONSHIP.
MOBILE HOME OWNERS WITHOUT PROOF OF
OWNERSHIP OF THEIR MOBILE HOME.
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EXPEDITED ASSISTANCE: TO MEET IMMEDIATE BASIC NEEDS OF
APPLICANTS. (CLOTHING, SHELTER, ETC..) UP TO $2,000 PER
HOUSEHOLD.
HOUSIN G ASSISTANCE: 44 C.F.R. §106.117
TEMPORARY HOUSING ASSISTANCE: RENTAL ASSISTANCE,
REIMBURSEMENT FOR SHORT TERM LODGING EXPENSES.
GENERALLY PROVIDED IN 3 MONTH INCREMENTS, RECIPIENTS
WILL NEED TO FILL OUT DECLARATIONS OF CONTINUING NEED
FOR ASSISTANCE EVERY THREE MONTHS. 44 C.F.R. § 114
DIRECT ASSISTANCE: FEMA TRAILERS (FEMA IS MOVING AWAY
FROM THIS MODEL).
REPAIRS: MAXIMUM OF $5,200 PER HOUSEHOLD . TO RESTORE
HOME TO SAFE AND SANITARY LIVING CONDITION.
MAXIMUM AMOUNT OF BENEFITS PER HOUSEHOLD CANNOT
EXCEED $30,300.
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NOT RELATED TO HOUSING NEEDS.
DISASTER RELATED MEDICAL, FUNERAL
EXPENSES, DENTAL, TRANSPORTATION,
PERSONAL PROPERTY, MOVING AND STORAGE
EXPENSES. 44 C.F.R.§206.119
APPLICANT MUST FIRST APPLY FOR SBA AND
BE DECLINED OR NOT RECEIVE SUFFICIENT
FUNDS FROM SBA.
IN MOST CASES, THE STATE ADMINISTERS
THE ONA GRANTS. 44 C.F.R. 206.120
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Appeals must be filed within 60 days of notification
of award or denial of assistance. 44 CFR § 206.115.
Grounds for appeal:
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Eligibility for assistance.
Cancellation of application.
Rejection of late application.
Denial of continued assistance.
Intent to collect rent from FEMA provided housing.
Termination of direct housing assistance.
Denial of a request to purchase a FEMA trailer.
Sales price of a FEMA trailer.
Any eligibility related decision.
Appeals are to FEMA Regional Administrator.
IF YOU ARE APPEALING ON BEHALF OF A CLIENT MUST INCLUDE
A COPY OF THE FEMA WRITTEN CONSENT FORM.
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Applicant must agree to repay FEMA and or
the State from insurance proceeds or
recoveries from any other source in an
amount equal to the value of the assistance
provided.
Applicant must return funds to FEMA or the
State if the assistance was provided
erroneously; or if applicant spent funds
inappropriately or obtained assistance
through fraud. 44 C.F.R. §206.116
Full payment within 30 days.
 60 days to appeal.
 90 days to set up a repayment plan.
 120 days FEMA turns debt over to the US
Treasury department.
What can you do?
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Help client set up a payment plan through the Disaster Finance
Center.
Argue for a reduced payment pending appeal.
Pay in full and appeal.
Request a Hardship Waiver/ Compromise 44 CFR § 11.50
Request Suspension or Termination of Debt 44 CFR § 11.51
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FEMA WRITTEN CONSENT FORM
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Name of Applicant/Consentor: ____________________________________________________
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Birthdate of Applicant/Consentor: __________________________________________________
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Place of Birth of Applicant/Consentor: ______________________________________________
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Damaged Address: ______________________________________________________________
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Current Address: _______________________________________________________________
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FEMA Application Number: ______________________________________________________
Telephone Number of Applicant/Consentor: __________________________________________
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I, ___________________________________________________________________________, SPECIFICALLY CONSENT TO THE
FOLLOWING INFORMATION DISCLOSED:
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My entire case file, including inspection report, amount of assistance, etc.
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My current contact information
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Any future information added to my case file subsequent to the date of this consent
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I FURTHER SPECIFICALLY REQUEST THAT THE INFORMATION BE DISCLOSED TO THE FOLLOWING ORGANIZATIONS AND/OR
INDIVIDUALS:
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ADDITIONALLY, I CONSENT TO HAVE THE ABOVE NAMED ORGANIZATIONS AND/OR INDIVIDUALS SPEAK ON MY BEHALF AND
REPRESENT ME BEFORE FEMA.
THIS CONSENT IS MADE PURSUANT TO AND CONSISTENT WITH 28 U.S.C. §1746. I DECLARE, UNDER PENALTY OF PERJURY,
THAT THE FOREGOING IS TRUE AND CORRECT.
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Signed: ___________________________________________ Date:______________________
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GET TO KNOW YOUR LOCAL FEMA REPRESENTATIVE. EXCHANGE
BUSINESS CARDS OR ASK FOR AN EMAIL ADDRESS.
HAVE SOMEONE FROM YOUR ORGANIZATION BECOME A PART OF THE
LOCAL LONG TERM RECOVERY TEAM.
REALLY GET TO KNOW YOUR LOCAL STATE EMERGENCY HOUSING
COORDINATOR.
EVERY TIME YOU MEET YOUR CLIENTS , REMIND THEM TO KEEP THEIR
RECEIPTS FOR AT LEAST 2 YEARS. WITHOUT RECEIPTS THEY WILL LIKELY
LOOSE IF FEMA DECIDES TO RECOUP. REMIND THEM THEY COULD HAVE
THEIR INCOME TAX REFUNDS GARNISHED.
ENCOURAGE CLIENTS TO TAKE PHOTOS OF THE STRUCTURAL DAMAGE,
MOLD ETC.. TO THEIR HOMES.
KEEP TRACK OF ANY PROBLEMS WITH INSPECTORS. INSPECTORS ARE
OFTEN NOT WELL TRAINED.
IF NECESSARY, ASK LOCAL CODE ENFORCEMENT TO INSPECT UNITS FOR
WATER DAMAGE BEFORE THE UNITS ARE DESTROYED.
SET UP YOUR CASE MANAGEMENT SYSTEM SO THAT YOU CAN IDENTIFY
ALL HOUSEHOLD MEMBERS. ESPECIALLY, IF YOUR FILE IS IN THE
PARENT’S NAME AND FEMA APPLICATION IS IN CHILD’S NAME.
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The Deferred Maintenance Rule: Inspector finds
that the damage to the dwelling was caused due
to poor maintenance. For example: the house
needed a new roof before the storm. Under the
Deferred Maintenance Rule the applicant is not
entitled to recover. This “rule” has a disparate
impact on low income families. In a recent case
a District Court in Texas ordered FEMA to issue
standards for housing inspections that don’t
discriminate on the basis of economic status. La
Union Del Pueblo Entero v. FEMA, Case No. B08-487 (S.D. Texas, May 13, 2009).