Appeal Brief | Appeal Letter | Back

 

Citation: FEMA-1603-DR-LA Housing Authority of New Orleans

Summary:

The City of New Orleans was struck by severe weather caused by Hurricane Katrina on August 29, 2005, causing significant damage to numerous facilities owned and operated by the Housing Authority of New Orleans (Applicant). The Applicant requests $2,764,926 for the estimated cost of completed permanent roof repairs to 354 buildings at seven large residential sites. FEMA denied the request because the US Department of Housing and Urban Development (HUD) has statutory authority for permanent repairs to public housing authorities constructed under section 9(k) of the Housing Act of 1937, as amended. The Regional Administrator concurred with this finding on first appeal.

The Applicant does not deny that it is eligible for assistance under the section 9(k) of the Housing Act. However, it states that FEMA should fund the repairs because FEMA has more specific authority for the repairs and HUD does not have the necessary funds.

Issue: 1. Is the cost of repairing the roofs eligible for under section 9(k) of the Housing Act of 1937?

2. Are the repair costs eligible under the Public Assistance program?

Finding: 1. Yes.

2. No.

Rationale:

Stafford Act Sections 312 and 406; 44 CFR §206.226; FEMA Response and Recovery Policy 9523.7, Public Housing Authorities dated April 14, 2003.