Appeal Summary | Appeal Letter | Back
Second Appeal Summary
PA ID# 000-92041; US Virgin Islands Housing Authority
DSR ID# 83502, 83595, and 83600; Time Extension, Alternate Project, Improved Project
Citation: FEMA-1067-DR-VI; US Virgin Islands Housing Authority (VIHA); DSRs 83502, 83595 and 83600
Cross-reference: Request for time extensions
Summary: The Estates Donoe and Tutu appeal consist of multiple appeals. However, at VIHAs request FEMA will consider Estate Donoe and Estate Tutu apartments complexes as one 2nd level appeal. Hurricane Marilyn struck the U.S. Virgin Islands in September 1995, causing extensive damage. VIHA projected repairs at the Estates Tutu and Donoe complexes to be completed by December 31, 1995. The last completion deadline was June 30, 2000. At the Estate Donoe complexes, VIHA requested a time extension to March 31, 2003, while awaiting an approval on a Demolition Grant. FEMA denied the time extension because the request for a time extension was made after the completion date and that demolition was not an eligible Improved Project. FEMA prepared deobligation DSR 83502 for $868,791. VIHA appealed the denial of the Improved Project as an Alternate Project, as well as the deobligation of funds. FEMA denied the appeal, restating the previous reasons for denial. At the Estate Tutu complex, VIHA requested an Alternate Project to use funds intended for the repair of a building demolished by VIHA towards repairs on other apartment buildings. FEMA denied the alternate project. VIHA then requested a time extension to December 31, 2003, which FEMA denied and prepared deobligation DSRs 83595 and 83600 in the amount of $820,419. Subsequently, VIHA submitted an appeal. To date there is no evidence of eligible work related to the open DSRs having been performed on Estate Donoe and Estate Tutu in the eight years since it was initially approved.
Issues: Do circumstances cited by the applicant justify approval of a time extension?
Rationale: 44 CFR § 206.204 (d)(2) and 44 CFR § 13.30 (d)(1)