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Second Appeal Brief
PA ID# 000-UYQES-00; Housing Authority of Grand Forks, ND
PW ID# N/A; Permanent Repairs
Citation: FEMA-1376-DR-ND, Housing Authority of Grand Forks, ND
Cross-reference: Public Housing Authorities
Summary: On August 8, 2001 high winds from FEMA 1376 damaged a number of public housing units owned and operated by the Housing Authority of Grand Forks (the Housing Authority). Consistent with a 2001 MOU between FEMA and HUD, the Housing Authority first sought disaster assistance from HUD, which found the Housing Authority ineligible because the units in Grand Forks had not been originally developed with funds authorized under Sections 4, 6, or 9 of the U.S. Housing Act of 1937 [42 U.S.C 1437], a requirement for HUD funding of PHA units. The Housing Authority was also deemed ineligible for permanent repairs by FEMA Region VIII because FEMAs policy on PHA (Response and Recovery Policy #9523.7) only authorized Section 403 Essential Assistance, on the belief that all PHAs were eligible to receive assistance for permanent repairs from HUD. The applicants first appeal was denied by the Region on March 15, 2002. The funding request at issue totals $14,973.34.
Issues: 1) Are public housing authorities that do not qualify for disaster assistance from HUD, eligible for public assistance from FEMA, including Section 406 permanent repairs?
Findings: 1) Yes. Public Housing Authority who are governmental agencies are eligible applicants for FEMA public assistance, even if they are not eligible for HUD disaster assistance.
Rationale: Section 406 of the Stafford Act [42 U.S.C. 5170b], Title 44 Code of Federal Regulations §206.226 Restoration of Damaged Facilities, §206.222 Applicant Eligibility, and FEMA RR Policy 9523.7.