2009 DISASTER LAW UPDATE

1. 2009 DISASTER LAW UPDATE FEMA POLICIES & PROCEDURES LISA CARMONA, FLORIDA EQUAL JUSTICE CENTER JOSE FONS, LEGAL SERVICES OF GREATER MIAMI

2. THE LAW • 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”).

3. KEY PROVISIONS • 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. • 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.

4. REGISTRATION AND ELIGIBILITY • 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.

5. WHO IS ELIGIBLE? • 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

6. WHO MAY BE INELIGIBLE? • 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.

7. FORMS OF ASSISTANCE • 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.

8. OTHER NEEDS ASSISTANCE • 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

9. APPEALS • Appeals must be filed within 60 days of notification of award or denial of assistance. 44 CFR § 206.115. • Grounds for appeal: • 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.

10. FEMA RECOUPMENT • 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

11. RECOUPMENT TIMELINE • 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? 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

12. FEMA WRITTEN CONSENT FORM • FEMA WRITTEN CONSENT FORM • Name of Applicant/Consentor: ____________________________________________________ • Birthdate of Applicant/Consentor: __________________________________________________ • Place of Birth of Applicant/Consentor: ______________________________________________ • Damaged Address: ______________________________________________________________ • Current Address: _______________________________________________________________ • FEMA Application Number: ______________________________________________________ • Telephone Number of Applicant/Consentor: __________________________________________ • I, ___________________________________________________________________________, SPECIFICALLY CONSENT TO THE FOLLOWING INFORMATION DISCLOSED: • My entire case file, including inspection report, amount of assistance, etc. • My current contact information • Any future information added to my case file subsequent to the date of this consent • I FURTHER SPECIFICALLY REQUEST THAT THE INFORMATION BE DISCLOSED TO THE FOLLOWING ORGANIZATIONS AND/OR INDIVIDUALS: • ____________________________________________________________________________ • 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. • Signed: ___________________________________________ Date:______________________

13. PRACTICAL TIPS FOR ADVOCATES • 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.

14. EMERGING ISSUES • 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. B-08-487 (S.D. Texas, May 13, 2009).