Appeal Summary | Appeal Letter | Back
Second Appeal Summary
PA ID# 129-UCM8U-00; Wilmington Housing Authority
DSR ID# Various PWs; Willow Pond Apartments
FEMA-1292-DR-NC; Wilmington Housing Authority (Applicant)Cross-reference:
Work Eligibility Summary:
Hurricane Floyd in 1999 damaged the Willow Pond Apartments. The Applicant requested assistance from FEMA to repair the apartments. FEMA obligated several project worksheets totaling $529,596. During closeout of the project in November 2005, FEMA determined that the Applicant managed the apartment on behalf of the Willow Pond Limited Partnership (Owner), a for-profit corporation. Based on review of the Management Agreement between the Applicant and the owner, FEMA determined that the Applicant did not have legal responsibility for the repairs as required by 44 CFR §206.223. FEMA subsequently de-obligated the funds. The Regional Director denied the first appeal in a letter dated November 30, 2006.
The Applicant submitted a second appeal to the State in a letter dated January 12, 2007. It included a copy of the Management Agreement between the Applicant and the Owner dated September 12, 1994, and the Management Plan for the Willow Pond Apartments dated September 12, 1994. According to these documents, the Owner, a private for-profit corporation, is the owner of the apartments. The documents indicate that the Owner did not convey legal responsibility to the Applicant for disaster-related repairs to the apartments. The Owner retains all rights and responsibilities regarding the apartments that it did not explictly convey to the Applicant.Issues:
1) Did the Applicant perform eligible work under the Public Assistance Program?Findings:
1) No, the Applicant did not have the legal responsibility for disaster-related repairs to the apartments.Rationale:
44 CFR §206.223(a)(3).