Eligibility Determination

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1379-DR
ApplicantGuadalupe Economic Services Corporation
Appeal TypeSecond
PA ID#000-UR6ES-00
PW ID#N/A
Date Signed2002-07-17T04:00:00

Citation:

FEMA-1379-DR-TX, Guadalupe Economic Services Corporation

Cross-reference:

Eligibility, essential governmental services, private nonprofit facility

Summary:

Guadalupe Economic Services Corporation (GESC) sought eligibility under the Public Assistance Program for repairs to houses that were part of its lease-to-buy program. GESC claimed that it was eligible for assistance because it provided essential governmental services. Regional staff denied the request because essential governmental services as defined in 44 CFR §206.221 were not being performed in the damaged houses. The houses were primary residences of people who aspired to purchase the properties. The Regional Director denied the first appeal for the same reason.

Issues:

Is GESC an eligible applicant under the Public Assistance Program?

Findings:

No.

Rationale:

44 CFR §206.221.

Appeal Letter

July 17, 2002

Mr. E.C. Smith
State Coordinating Officer
Division of Emergency Management
Texas Department of Public Safety
2575 West Bellfort Street
Houston, Texas 77054-5025

Re: Second Appeal: Guadalupe Economic Services Corporation, PA ID 000-
UR6ES-00, Eligibility Determination, FEMA–1379-DR-TX

Dear Mr. Smith:

This is in response to your letter dated March 26, 2002, which transmitted the referenced appeal on behalf of the Guadalupe Economic Services Corporation (GESC). GESC is appealing the Regional Director’s determination that it is not eligible for funding under the Public Assistance Program.

GESC is a private nonprofit (PNP) organization that provides a variety of services, including a lease-to-buy program, to residents of the Houston area. Several houses that were part of its lease-to-buy program were damaged during Tropical Storm Allison. GESC sought reimbursement from the Federal Emergency Management Agency (FEMA) to repair the damaged homes, stating that it qualified as an eligible applicant because it provided essential governmental services pursuant to 44 CFR §206.221. The regional staff denied GESC’s request because essential governmental services were not performed in the damaged facilities as required by program regulations. The Regional Director denied GESC’s first appeal because the damaged houses did not meet the definition of an eligible PNP facility as defined in 44 CFR §206.221. I have reviewed all information submitted with the second appeal and have determined that the Regional Director’s decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the appeal.

Please inform GESC of this determination. My decision constitutes the final determination on this matter pursuant to 44 CFR §206.206.

Sincerely,
/S/
John R. D’Araujo, Jr.
Assistant Director
Readiness, Response and Recovery Directorate

cc: Ronald Castleman
Regional Director
FEMA Region VI

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