Post-Katrina FEMA Claims Southeast Louisiana Legal Services, based on presentation originally prepared by Neighborhood Legal Services of Los Angeles County February 2, 2006 PRESENTERS: Laura Tuggle, Southeast Louisiana Legal Services Rowena Jones, Southeast Louisiana Legal Services
DISCLAIMER l l 2 This information is based on conversations with FEMA staff in Louisiana and Washington DC and experiences with survivors on the ground. We have received conflicting information from these sources. In any disaster, things change often, so contact your local FEMA, Red Cross and advocacy community to stay up to date.
Hierarchy for Relief & Recovery 1. 2. 3. 4. 5. 6. 3 Red Cross Other voluntary relief efforts Insurance proceeds Small Business Administration (SBA) loans for personal and business use FEMA benefits Can also get welfare, unemployment, food stamp, Medicaid, other benefits
FEMA Benefits l l l 4 Laws & Regulations Available benefits How to apply After application Advocacy tips
FEMA – Laws & Information l l l Stafford Act: 42 U. S. C. § 5174 Regulations: 44 C. F. R. §§ 206. 110 – 206. 119. FEMA Applicant’s Guide to the Individuals & Households Program, at www. fema. gov/pdf/about/process (available in English & Spanish) l 5 FEMA Helpline: (800) 621 -FEMA (3362)
Individuals & Households Program (IHP) l IHP replaces old Temporary Housing Assistance (THA) and Individual and Family Grant Program (IFG) Program l Two Parts to IHP l Housing programs (Housing benefits no longer include mortgage assistance) l Other needs assistance—replace personal property or for necessary expenses l Total limit of aid for all IHP programs = $26, 200 l Unclear if person or household l Expedited Checks of $2, 000 are part of IHP l Current checks of $2, 358 arepart of IHP but called “Transitional Housing Assistance” FEMA also provides money for infrastructure under its public assistance program. l 6
FEMA’s Expedited Rental & Temporary Housing Assistance under IHP l FEMA issued checks/cards of $2, 000 for housing as expedited assistance to Rita & Katrina. l l Transitional housing assistance checks of $2, 358 l 7 FEMA now says this counts against IHP aid limit For people that lived in areas deemed uninhabitable or unreachable for inspections due to Katrina; counts against IHP aid limit
Expedited or Essential Assistance l l Red Cross also has provided shelter and financial aid: call 1800 -975 -7585 l Hotel/motel vouchers do not count against the Individuals & Households Program (IHP) aid limit l 8 FEMA has provided 1 -3 months of emergency shelter or rental assistance The IHP program is put in place after essential assistance and is operational now for Katrina
FEMA & IHP Housing Programs l Rental Assistance for up to 18 months l FEMA/HUD had a program called KDHAP (Katrina Disaster Housing Assistance Program) which has now been replaced by the Disaster Voucher Program (DVP) as of 2/1/06 l l Money to repair damaged homes l 9 Rental Units (temporary)—mobile homes (trailers), boats, housing on military bases Money to replace destroyed housing
Financial--Rental Assistance Under FEMA IHP l l l Money for rent, transportation, & utility hookups Will not pay for rental security deposit Will not pay utilities that are not part of rent l l Lasts up to 18 months (more if extended by FEMA), l 10 Consider LIHEAP program but FEMA prefers short-term aid and person will need housing plan and receipts for continued assistance
Rental Assistance under FEMA'S Temporary Housing Assistance l Transitional housing assistance checks of $2, 358 l l Why $2, 358? FEMA used the national average for a 2 bedroom unit of $786 per month for 3 months. l 11 For people that lived in areas FEMA identified via satellite imaging, or from local jurisdictions as uninhabitable or unreachable for inspections for Katrina FEMA claims it will be adjustments for applicants whose rent is more than $786 per month. BUT, it will only make upward adjustments up to the fair market rent level for the area. FEMA will also make downward adjustments if the rent for the new housing was less than $786 per month.
SPECIAL FEMA RENTAL ASSISTANCE ISSUES FOR NEW ORLEANS AREA l l 12 Fair Market Rents (FMR) set prior to Hurricane. Market has changed since now. For example, prior to Katrina, the 2 bedroom FMR was only $696. Due to pressure from advocates, HUD raised FMR’s by 35% effective 3/6/06 for Orleans and Jefferson Parish. For example, a 2 bedroom FMR is now $940. Need to make sure higher FMR’s used for future assistance.
Continuing IHP Rental Assistance from FEMA l l Can be paid for up to 18 months To get continuing benefits beyond first three months need to show: l Rent receipts or other proof of payment l Housing plan – a plan to enter permanent housing (can claim good cause for no plan which might include inability to move back home) l Show continued need for assistance (total rent more than 30% of income) 13
Housing Plans for Continued FEMA Rental Assistance l FEMA wants to know the applicant’s plan to get affordable permanent housing. Examples: - if homeowner, plan could be making repairs on returning to prior housing - plan to return to prior home when kids out of school or when doctor okays return - plan to buy new home - plan to relocate to different area and rent unit there 14
DISASTER VOUCHER PROGRAM (DVP) l l Near September 26, 2006, HUD and FEMA introduced the Katrina Disaster Housing Assistance Program (KDHAP). This program has now been replaced by the Disaster Voucher Program (DVP) effective 2/1/06. HUD pays rental subsidy to evacuees whose homes had hurricane damage who had lived in : l l Public housing, Subsidized housing, Section 8 units And to house formerly homeless evacuees l l 15 New DVP also covers Hurricane Katrina, Rita, and Wilma victims. For more information, can call HUD at 1 -866 -373 -9509 or visit local Housing Authority or Disaster Recovery Center
DVP Assistance-What is it? l l l 16 A rent subsidy that is based on the local Housing Authority’s payment standard for their Section 8 voucher program Standard utility allowances can be part of the subsidy Family does not have to pay a share of rent BUT if the rent for the unit is more than the payment standard for the local Housing Authority including the utility allowance, then the family pays the difference Funds approved for assistance through September 2007. Law provides that “if and when” the prior housing is available, family gets to go back home.
DVP Assistance--Housing Authorities • One time fee paid to Housing Authority of $1, 500 per l l 17 family household for administrative costs for housing search, temporary shelter, and lease-up activities 15% of the Housing Assistance Payment (HAP) for monthly ongoing administration by local Housing Authority. Under DVP, Housing Authority DOES NOT pay for security deposits or utility deposits
FEMA--Temporary Housing Units— Direct Assistance (IHP) l Temporary housing units can be supplied by FEMA including: l l l Available if home is destroyed or uninhabitable; and Can’t use rental assistance due to housing shortage Lasts up to 18 months (can be extended) l l 18 Mobile homes (trailers) (see flyer on www. probono. net/la) Units on military bases Cruise ships Must be recertified and show permanent housing plan Be a United States Citizen, LPR, or "qualified alien"
Continuing Direct Housing Assistance l Can be terminated from Housing assistance if: – – – l 19 Have received for 18 months (unless extended by FEMA) Adequate alternate housing is available Got into it through misrepresentation/fraud Fail to comply with lease/rental agreement Do not provide evidence that you are working towards a permanent housing plan (if no good cause) 15 day notice to terminate for unit—tenants have appeal rights; consider action in state court to challenge
FEMA Emergency Repair Benefits —Hazard Mitigation l l If authorized, for Homeowners Money to repair home to make it safe and sanitary l l Only certain acceptable types of repairs l l l 20 Not to return to pre-disaster conditions Structural, foundation, water, sewage, heating, cooling No cosmetic repairs or changes Up to $5, 000 (plus COLA) now $5, 200 Must apply for insurance, but not SBA loan You might also be able to advocate for other repair funds under the “ONA” program
FEMA Home Replacement Benefits l Homeowners only—limit is $10, 000. l l Don't need to apply for SBA, but can combine with SBA loan to use as down payment Must be approved (usually) by associate director of FEMA l l 21 Money to help homeowner with the cost of repairing or replacing a damaged/ destroyed home Not intended to cover the entire cost of home replacement, or to return home to pre-disaster condition—SBA loan possible (not required)
Eligibility Criteria for all FEMA IHP Housing Programs l Insufficient (or no) insurance coverage l l l or can’t get paid in time and agree to repay from insurance proceeds But note: Problems with Homeowner’s insurance not covering flood damage Also, FEMA flood bar— “one bite at the apple” (for repairs and replacement for owners) l l 22 No need to apply for SBA loan for housing programs Home is in a declared disaster area
Eligibility Criteria for all IHP Housing l Cannot live in home now, cannot get to home due to disaster, or home requires repairs l l Household member is US Citizen, LPR, or qualified alien l l 23 Inspection establishes if person meets this requirement Note: All immigrants qualify for emergency non-cash help (shelter, food, medical care, etc) No resource test for these benefits
FEMA IHP Money for Personal Needs – Other Needs Assistance ("ONA") l Items or services to overcome a disaster-related hardship, injury, or adverse condition l Not to return personal property to pre-disaster condition l For continued assistance, must document continuing need l Note total aid for housing & needs is $26, 200 l 24 Not clear if this is person or household—assume HH
FEMA IHP Other Needs Assistance l l Replacement or repair of necessary medical items including durable medical equipment l 25 Disaster-related medical and dental costs Disaster-related funeral and burial costs
Other Items Covered by FEMA IHP ONA Program l l l 26 l Clothing, furnishings, appliances, tools for jobs, educational materials Cleaning and sanitization of property Vehicles damaged by the disaster (must have registration and proof of insurance) Moving and storage costs Necessary expenses or serious needs—possibly home repairs Other things approved by FEMA (Possibly home repairs) Note flood bar for personal and real property
Home Repairs & Advocacy Under FEMA IHP Other Needs Assistance l l FEMA regional director or designee may approve "other" items not specifically listed, if a "necessary expense" or a "serious need. " In previous disasters FEMA allowed for home repairs (beyond the $5, 000 limit) l Might be able to argue repairs are "necessary" or a "serious need" and get FEMA's "ONA" money to repair a home l l 27 Limit is $26, 200 for all IHP assistance Will have to seek SBA loan first
FEMA IHP ONA & SBA Loans l l First look to insurance proceeds, if any FEMA refers IHP ONA applicants to SBA first – l SBA can do a "desk denial" and forward to FEMA for ONA help if below an income level set by FEMA/SBA Must apply for and take an SBA loan if able to repay and applying for other needs assistance – No SBA application should be needed for housing programs – Anyone that gets an SBA application should return it, even if they know they cant qualify, to get any ONA money from FEMA – l 28 Attorneys have appealed issue of ability to repay an SBA loan if client wants an SBA loan (or does not)
SBA Loans & FEMA IHP ONA -Procedures for Low- Income l FEMA can do desk denial without an SBA application if: l l l Anyone who receives an SBA application must fill it out and send it in--or won’t get IHP ONA help l l if low income, SBA can review application they get back and do a "summary denial" and forward to FEMA ONA Problems with online applications: l 29 The household's income is below a set income level (about 150% of Poverty Level) FEMA will not do desk denials for self-employed If pre-disaster income field is empty, or income is zero, applicant will get an SBA application even if very low income— should fill out and return
FEMA IHP--Other Personal Needs Procedures l FEMA administering ONA program l l Important to know for appeals—who to file with--FEMA or your State (FEMA was indicating states responsible but now appears FEMA is handling appeals) Under ONA states and FEMA use price lists to "cap" amount for each item—so often don’t get actual cost (many families getting same exact amount regardless of different needs/losses about $10, 000) 30
Eligibility for Money for FEMA’s IHP ONA--Other Needs Assistance l l Losses in area declared a disaster area Insufficient (or no) insurance coverage SBA application necessary Accepted assistance from all other sources l l l 31 (including SBA loans) "Necessary expenses" or "serious needs" due to the disaster Household member is US citizen, Legal Permanent Resident, or qualified alien
Immigrant eligibility for all FEMA programs – – – 32 One member of household must be a U. S. Citizen, an LPR, or a “qualified alien” A "Qualified Alien" includes anyone who has been granted legal permanent residence ("green card"), refugee or asylee status, withholding of deportation, conditional entry, parole into the U. S. for at least 1 year; or a Cuban-Haitian Entrant; or a battered spouse or child(ren) with a pending or approved spousal petition or petition for relief. Some FEMA workers may believe an applicant has to have an Social Security number or card to be eligible, not true Receipt of disaster benefits is NOT public charge Eligible for emergency non-cash help (shelter, food, etc)
How to Apply for FEMA Benefits l l Online: www. fema. gov or by phone: (800) 621 -FEMA (3362) Application form, information needed – – – l l Social Security Number Description of disaster-caused losses Insurance information Location of property Telephone contact number Get assigned a FEMA application number Deadline for applications: 60 days (plus 60 days) or 120 days after the declaration. FEMA often extends this deadline. – Usually need “good cause” to apply during last 60 days of application period – Now April 10, 2006 for Hurricane Katrina 33
After Applying for FEMA’s IHP Benefits—Inspections l FEMA will USUALLY promptly inspect the property, but inspections substantially delayed after Katrina l l To establish that home is uninhabitable (for rental assistance or units) or needs repairs/replacing Applicant should try to be present l l 34 Must verify ownership and occupancy In past disasters there have been problems with quality of inspections (e. g. “drive-by” inspections. ) FEMA can declare an entire area uninhabitable to expedite help Can ask for a second inspection if get a poor inspection (e. g. , “drive-by”)
After Applying for Benefits—Post Inspection Procedures l Within 10 days of inspection, should get letter with determination l l Will be followed by money if approved May include SBA loan application, always return Can appeal if denied, or if grant isn’t large enough Person may need to amend their application for help based on changed circumstances— should call FEMA and do that l 35 Never submit a new application; just update old one using application number
Once Approved for Benefits l Money must ONLY be used for intended purposes l l If not, FEMA can recoup (exception: initial $2, 358) Keep receipts and bills to document use l l 36 FEMA funds are tax free and exempt from garnishment, etc. (44 C. F. R. § 206. 110(g)) Continue to go back if needs not met—called “recertification” using FEMA number
FEMA Money Doesn’t Count Against Federally-Funded Means Tested Aid l FEMA, state, local and similar benefits whether in cash or in kind l Should not count as income or resource in any federal “means-tested” program l l 37 E. g. , TANF, welfare, SSI, Medicaid, Food Stamps, etc. See: 42 USC § 5155(d)
Handling FEMA Cases – Advocacy Strategies l l Determine the Issues (use a screening form) Determine if special factor such as disability, age or language barrier may affect their FEMA case (may have ADA or other claim) l Gather the Documents Ø Signed Releases (at least 3 originals) (see 44 CFR 206. 110(j)(1)(i)) (see sample release) Copies of FEMA papers (incl. application) Copies of other relevant papers Photos if available (double prints) Ø Ø Ø 38
“Split Household” Problem for Low. Income Families That Need Housing l l l FEMA typically pays for housing assistance to only one “household” even if they have split up FEMA defines a “household” as all people who lived together in the pre-disaster residence or are likely to live together after A person may be denied housing if another previous household member has already applied or received FEMA, even if they don’t live together now l 39 Example: A woman with two children lived with her sister and husband in New Orleans. If one family fled to Louisiana and one to Texas, only the first to apply may get help—all other household members can be denied
“Split Households” Problem for Low. Income Seeking Housing l l 40 FEMA Regional Director has authority to grant benefits to more than one person in a household (HH) if the “nature” or “size” of the household requires it. FEMA relaxed this rule for Katrina (see 9/19/05 FEMA memo allowing waiver of shared HH rule in unfair circumstances, and 11/26/05 FEMA press release: “Extended Families Living Together May Be Eligible for FEMA Disaster Assistance”)
Split/Shared Households – Cont’d l Attempt informal resolution with FEMA (call the HELP Line and request separate assistance for applicant, explaining their circumstances, and mention FEMA press release and regulations) l 41 If necessary, appeal (see sample appeal letters on www. probono. net/la)
Improper Spending of FEMA Funds l l l 42 FEMA sent money for expedited assistance ($2, 000) and money for rental assistance ($2, 358) without advance notice of proper use of funds (notice often came late or not at all) Now seems resolved with “Declaration of Use of Funds” form on FEMA website at www. fema. gov FEMA could deny continued housing assistance and/or attempt to recoup
Improper Use of FEMA Funds – Cont’d l Attempt informal resolution with FEMA (contrast date of FEMA notice, if received, with date of funds’ receipt) l l 43 If appeal necessary, ask FEMA for proof of when funds sent and copy of notice sent to applicant In lieu of assistance cut-off, ask FEMA for deduction from ONA (or waiver? )
“Withdrawal”/Lack of Contact l FEMA sends notice of denial of assistance for lack of contact or “withdrawal” or lack of response (applicant misses attempted FEMA contact, or FEMA error) 44
“Withdrawal”/Lack of Contact – Cont’d l Attempt informal resolution with FEMA (make sure FEMA has client’s current contact info and that still needs FEMA assistance, and explain any circumstances that interfered with FEMA communications) l 45 If appeal necessary, ask FEMA for proof of when attempted contact made to applicant
Inspections/Access/ “Insufficient Damages” Issues l l l 46 Some tenants have either been evicted or have moved out of pre-disaster rentals Landlords often don’t cooperate with FEMA inspections Tenants can’t easily prove damages for FEMA assistance
Inspections/Lack of Access– Cont’d l Attempt informal resolution with FEMA Ø Let FEMA know circumstances that interfere with FEMA access Provide pictures (damaged dwelling and personal property) if available Ask for exterior inspection (e. g. , blue roof shows likely wind and rain damage of interior) Try to get statements or affidavits from landlord, neighbors and family/friends about damages Ask for related inspection reports (e. g. , landlord or tenants in same building) Ø Ø l 47 If necessary, appeal.
Flood Insurance Requirement Issue l l l 48 FEMA’s Flood Insurance: “One Bite at the Apple” An individual can be denied help from FEMA if he/she: l Lived in a flood zone; and l Got FEMA help before in another disaster; and l Was told to buy flood insurance; and l Does not carry flood insurance now. Many applicants don’t recall receipt of FEMA funds or notice of flood insurance requirement; South La. has had many prior declared disasters. See list: www. fema. gov/news/disasters_state. fema? id=22
Flood Insurance Requirement – Cont’d l Attempt informal resolution with FEMA (explain any circumstances should absolve applicant from bar – e. g. , mental disability, no actual notice) l l 49 If appeal necessary, ask FEMA for proof of when and how insurance requirement notice made to applicant What if applicant is the owner not but was not the owner or a member of the household at the time prior assistance was provided? (May have to sue FEMA on this issue)
Pre-Appeal Strategies l Call 1 -800 -621 -3362 (with client present or on three-way call) l Go to Disaster Recovery Center (DRC) (with client or signed release) l l Find a “Go-To” Person with FEMA (see list) Make it Constituent Problem for Elected Officials Press/Publicity Compare Notes with Other Advocates (join disaster-related list-servs, check www. femaanswers. org, and join www. probono. net/la Civil Law Practice Area) (don’t forget to share new information and successful strategies) 50
Appealing FEMA Decisions l Written appeal must be postmarked/faxed within 60 days of decision letter – – – Signed by applicant or by Authorized Representative Enclose signed original release Include the FEMA case numberand disaster number on every page l – l l 51 FEMA uses codes in denial letters. See FEMA’s applicant guide for an explanation of denial codes Fax to (800) 827 -8112, Attention: FEMA – Individuals and Households Program (MAIL original copies) FEMA should respond in writing within 90 days FEMA Decision is Final
Advocacy Tips. Avoid Overpayments l Keep Receipts! – – Money must generally be used for intended purpose only FEMA can ask for repayment if it is misused. l l 52 Advise client of intended use of the money. Informal negotiation with FEMA and appeal if necessary
Civil Rights Complaints l l FEMA Equal Rights Officer, (800) 621 -3362 l 53 FEMA is forbidden from discriminating on the basis of race, color, religion, nationality, sex, disability, age, or economic status If not resolved, can file written complaint with Office of Equal Rights within 180 days of the discrimination
Small Business Administration Loans l l l SBA Loans-- Overview Laws & regulations Types of Loans l l l 54 Personal/real property for individuals/families Business Physical Disaster Loans Business Economic Injury Loans Loan application, procedures & terms Asking for reconsideration when denied
Small Business Administration (SBA) Loans--Overview l Individuals/Households must take a loan, if available, for non-housing IHP programs (“other needs assistance”) l l 55 If low-income, may want to try to get a “summary denial/decline” (a. k. a. “desk denial”) to avoid delays with IHP other needs assistance Business Loans are also available Other individuals and businesses may want help qualifying for larger SBA loans to rebuild Ability to repay can be an issue
Small Businesses Administration (SBA) Laws & Information · SBA Disaster Loans 15 U. S. C. § 636 (b), (c) · Regulations for Disaster Loan Program are within 13 C. F. R. § 123 · See also Disaster Recovery/Loan Information links at www. sba. gov and Disaster Assistance FAQs at http: //app 1. sba. gov/faqs/faqindex. cfm? area. ID=3 56
SBA Loans– Personal/Real Property Replacement l Personal/Real Property Loans – For both homeowners and renters l To repair or replace disaster damages to real property (primary residence) or personal property l Up to $40, 000 personal property l l 57 If not enough to cover loss–apply for IHP Up to $200, 000 for homeowners to repair or replace their primary home to pre-disaster condition
SBA Loans Physical Disaster Business Loans l l Includes inventory and business equipment l Available to businesses of any size, including non-profits l 58 For repair or replacement of business real and personal property $1. 5 million maximum for total loans under SBA’s Business Physical and Economic Injury
SBA Loans— Economic Injury Disaster Loans l l 59 For working capital to small businesses and small agricultural cooperatives to meet ongoing financial obligations To assist them through the disaster recovery period If Katrina related damage to business inventory or property or for loss of business $1. 5 million maximum for total loans under SBA’s Business Physical and EIDL
SBA Loans l Loan Terms – – Collateral for loans over $10, 000 – Term depends on ability to repay – 60 Must show ability to repay Low interest rates available
How to Apply for SBA Loans l Online: www. sba. gov/disaster_recov/index. html or by phone: (800) 659 2955 l Application deadlines l l Physical damage: April 10, 2006 (Katrina & Rita) EIDL: May 29, 2006 (Katrina) June 26, 2006 (Rita) l l 61 For disaster recovery information: see SBA’s website at www. sba. gov/disaster_recov/index. html Personal Loan Applications should be mailed to FEMA applicants.
Requesting Reconsideration of SBA Loans · · Request for reconsideration must be made within six months of the date of the declined notice. · Request for reconsideration must be sent to the SBA office that declined the original application. · 62 Applicant whose loan is declined has right to present information to overcome reason or reasons for the decline and to request reconsideration in writing. After six months, a new loan application is required.
Online Resources for FEMA Advocacy l l 63 www. probono. net/la www. katrinalegalaid. org www. femaanswers. org www. katrinalegalrelief. org
Acknowledgements This presentation is a shortened and updated version of materials originally prepared in the fall of 2005 by: Kate Meiss, Abby Mc. Clelland & Eli Palomares, Administrative Law Advocacy Group, Neighborhood Legal Services of Los Angeles County; 1104 E. Chevy Chase Dr. , Glendale, CA 91025, and Beth Osthimer, Director, Children’s Defense Fund of California, 3655 S. Grand Ave. , Suite 270, Los Angeles, CA 90007 64
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