The Houston Symphony Association (HSA), a private nonprofit (PNP) association, submitted a Request for Public Assistance (RPA) due to damages caused by Tropical Storm Allison. The Federal Emergency Management Agency (FEMA) denied funding to HSA because it occupied space in a performing arts facility, which is not eligible. HSA appealed this determination. The Regional Director denied the appeal on October 17, 2001, because the space used for the music library represented less than 50% of the square footage of HSA’s leased space. HSA submitted its second appeal in a letter dated December 31, 2001, stating that the library should be considered on a stand-alone basis. If not considered on a stand-alone basis, then HSA stated that it believes at least 50% of its long-term leased facility is used for library related purposes. Finally, it added that if its first two requests were rejected, it requested that it be considered based on the operating assets used for eligible purposes instead of square footage of leased space. The State supports HSA’s appeal.
Is the library an eligible facility?
No. The space occupied by the library equals approximately 691 square feet while the total space leased by HSA equals approximately 8,398 square feet.
44 CFR §206.221 and Response and Recovery Policy 9521.3