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Second Appeal Brief
PA ID# 147-U2CR4-00; Greenville Housing Authority
PW ID# PWs 450, 451, 494-499, 1296, 1446-1449, 2079, 2080, 2633, and 4312; De-obligation of Funds
FEMA-1292-DR-NC, Greenville Housing Authority (GHA)
Public Housing Authorities
In 1999, Hurricane Floyd produced rainfall which caused flooding of an average of 12 inches in 111 public housing units owned and operated by the Greenville Housing Authority (GHA). The damage occurred prior to the 2001 MOU between FEMA and the Department of Housing and Urban Development (HUD), which requires Section 9K public housing authorities to apply for disaster assistance from HUD. At final inspection, the Region de-obligated FEMA funds in the amount of $705,130.
On November 23, 1999, GHA submitted a Disaster Application Request to HUD in the amount of $9,348,401. The requested amount was reduced by $833,600 for insurance proceeds and $809,000 for anticipated FEMA payments resulting in a net amount of $7,705,801, which was granted by HUD February 14, 2000.
In its first appeal, May 9, 2006, the GHA asserted that all costs were provided to HUD, and that HUD did not provide funding for any repairs listed on the de-obligated PWs.
The applicant’s first appeal was denied by the Region on July 27, 2006. GHA was deemed ineligible for permanent repairs based on the assumption that alternate funding (from HUD) was available.
On September 27, 2006, GHA submitted a second appeal. The letter stated that FEMA Disaster Assistance Policy, DAP 9523.7, was only effective for disasters after
January 8, 2001, prior to that FEMA had been providing disaster assistance to HUD Public Housing Authorities.
(1) Were public housing authorities eligible for public assistance from FEMA, including Section 406 permanent repairs, prior to Disaster Assistance Policy DAP9523.7?
(1) Yes. Disaster Assistance Policy DAP 9523.7 states, “Although HUD has specific authority under Section 9(k) of the U.S. Housing Act of 1937, as amended, to provide funds for the repair of disaster damaged PHA facilities, FEMA has generally funded these costs in the past.”
Section 406, Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5172, as amended.