PA ID# 067-UNP06-00; Radisson Community Association Inc.
DSR ID# N/A; Applicant Eligibility Determination
FEMA-1467-DR-NY; Radisson Community Association, Inc., Applicant Eligibility Determination
A severe ice storm from April 3rd – April 5th, 2003, resulted in a major disaster declaration, FEMA-1467-DR-NY, on May 12, 2003. The Radisson Community Association, Inc. (Association) submitted a Request for Public Assistance on July 2, 2003. On August 5, 2003, the Federal Emergency Management Agency (FEMA) sent a letter to the New York State Emergency Management Office (State) informing it that the Association had been determined to be ineligible for assistance, as it did not meet the criteria listed in 44 CFR §206.221. The Association submitted a first appeal on October 9, 2003, claiming that it acted as an agent for the Town of Lysander through an agreement to clear debris from eligible public roads within the community and should be eligible for reimbursement. The FEMA Region II Acting Regional Director denied the appeal on October 25, 2003, because facilities maintained by property owners’ associations, such as roads and recreational facilities, are not eligible for reimbursement. The Acting Regional Director also stated that the claim is ineligible because the roads within the community are not the Association’s responsibility. The Association submitted its second appeal on January 15, 2004, requesting that it be reconsidered as an eligible applicant. The request is based on the fact that the Town of Lysander is responsible for the maintenance of the roads within the community, and since the work would be an eligible expense to the town, the Association should be determined to be an eligible applicant in order to directly submit the eligible costs for reimbursement. The State does not make a recommendation to support or oppose this appeal.
Is the Association an eligible applicant?
No. The roads are not the legal responsibility of the Association.