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Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1786-DR
ApplicantUniversity of New Orleans Property and Housing Development Foundation
Appeal TypeSecond
PA ID#000-U9NNG-00
PW ID#N/A
Date Signed2011-08-11T04:00:00

Citation:         FEMA-1786-DR-LA, University of New Orleans Property and Housing Development Foundation – Request for Public Assistance (RPA)

Cross-

Reference:           Request for Public Assistance (RPA), Facility Eligibility, Private Nonprofit (PNP)

Summary:            In October 2008, the University of New Orleans Property and Housing Development Foundation, Inc. (Applicant) requested FEMA Public Assistance for damages to the Homer L. Hitt Alumni and Visitor Center (Center) as a result of Hurricane Gustav.  On December 30, 2008, FEMA determined the Center was not an eligible facility and that the Applicant did not meet the basic eligibility requirements of owning and operating an eligible facility. 

                        On January 20, 2010, the State forwarded the Applicant’s November 20, 2009, first appeal letter requesting that FEMA reconsider the Applicant and the Center’s eligibility.  Support documents included 501(c)(3) nonprofit status documents, as well as a Affiliation Agreement and a Lease Agreement between the Applicant and the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.  FEMA requested additional information to include a description of any space specifically designed and used for educational classes and to include the amount of time a space was used for accredited educational classes.  On May 3, 2010, the Regional Administrator determined the Applicant met the requirements of a 501(c)(3) nonprofit and had legal responsibility to repair the Center.  It was also determined that the Center was not used in direct support of education as described in Disaster Assistance Policy, DAP 9521.3, Private Nonprofit (PNP) Facility Eligibility.  Upon receipt and review of the Applicant’s supplemental materials, FEMA upheld its first appeal decision and informed the State of its decision in a letter dated June 17, 2010. 

The Applicant submitted its second appeal July 16, 2010, which was forwarded to FEMA from the State on September 16, 2010, and requested an oral presentation of its second appeal.  Documentation provided during the oral presentation included a schedule of Center events and detailed examples of how the Center’s space is allocated for educational purposes.

 Issues:            1. Did the Applicant demonstrate that it meets PNP eligibility criteria?

                        2. Did the Applicant demonstrate that the Center is an eligible facility?

Findings:         1. Yes.

                         2. Yes.

Rationale:      44 CFR §206.221(f), Definitions, Private nonprofit organization; 44 CFR §206.222(b), Applicant eligibility; FEMA DAP9521.3, Private Nonprofit (PNP) Facility Eligibility; 44 CFR 206.221(e)(1), Definitions, Educational facilities

Appeal Letter

August 11, 2011

 

Mark DeBosier

Deputy Director

Disaster Recovery Division

State of Louisiana

Governor’s Office of Homeland Security and Emergency Preparedness

7667 Independence Boulevard

Baton Rouge, Louisiana 70806

 Re:  Second Appeal– University of New Orleans Property and Housing Development

       Foundation, Inc., PA ID 000-U9NNG-00, Request for Public Assistance, FEMA-1786-DR-LA

Dear Mr. DeBosier:

This letter is in response to a letter from your office dated September 16, 2010, which transmitted the referenced second appeal on behalf of the University of New Orleans Property and Housing Development Foundation, Inc. (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny its Request for Public Assistance (RPA).

Background

In October 2008, the University of New Orleans Property and the Applicant submitted an RPA for damages to the Homer L. Hitt Alumni and Visitor Center (Center) as a result of Hurricane Gustav.  The Center is located on the University of New Orleans Lakefront Campus (University) and houses a grand ballroom, reception hall, a Boardroom, the Office of Alumni Affairs, the Alumni Association, a credit union, a catering kitchen and patios.  On December 30, 2008, FEMA determined the Center was not an eligible facility and that the Applicant did not meet the basic eligibility requirements of owning and operating an eligible facility. 

On November 20, 2009, the Applicant submitted its first appeal which was forwarded to FEMA on January 20, 2010.  To support its claim of eligibility, the Applicant provided documentation from the U.S. Internal Revenue Service to prove its 501(c)(3) nonprofit status.  An Affiliation Agreement and Lease Agreement between the Applicant and the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Board) states that the Applicant owns and has legal responsibility for maintenance and repair of the Center. 

On March 9, 2010, FEMA requested additional information to include a description of any space specifically designed and used for educational classes and to include the amount of time a space was used for accredited educational classes.  On May 3, 2010, the Regional Administrator determined the Applicant met the requirements of a 501(c)(3) nonprofit and had legal responsibility to repair the Center.  However, it was also determined that the Center was not used in direct support of education as described in Disaster Assistance Policy (DAP) 9521.3, Private Nonprofit (PNP) Facility Eligibility.   Upon receipt and review of the Applicant’s supplemental materials, FEMA upheld its first appeal decision and informed the State of its decision in a letter dated June 17, 2010. 

Second Appeal

The Applicant submitted its second appeal on July 16, 2010, which was forwarded to FEMA from the State on September 16, 2010.  The Applicant reiterates it argument that it is an eligible PNP applicant and that the Center meets the requirements of an eligible educational facility.  The Applicant requested an oral presentation of its second appeal.  On February 9, 2011, the Acting Director of the Public Assistance Division met with the Applicant in Washington, D.C. to discuss the appeal.

Discussion

Pursuant to 44 CFR §206.222(b), Applicant eligibility, “Private non-private organizations or institutions which own or operate a private nonprofit facility…” are eligible to apply for a Public Assistance grant.  FEMA DAP9521.3 Section (VII)(D)(1), Private Nonprofit (PNP) Facility Eligibility, states that “a facility must have over 50% of its space dedicated to eligible uses in order for any of the facility to be eligible.”  Documentation provided during the oral presentation included a schedule of Center events and detailed examples of how the Center’s space and usage is allocated (for example, student academic advisory and administrative offices are housed in the Center, as well as an intensive English language program, international cultural exchange programs, engineering robotic competitions, architecture and engineering design competitions, and academic enrichment programs for Middle School students).  This information substantiates the Applicant’s claim that the Center is used more than 50 percent of the time for educational purposes.     

 Conclusion

I have reviewed the information submitted with the appeal and have determined that the documentation the Applicant provided demonstrates that the Applicant is eligible.

Therefore, I am approving the Applicant’s second appeal.

Please inform the Applicant of my decision.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Deborah Ingram

Assistant Administrator

Recovery Directorate

cc:  Tony Russell

       Regional Administrator

       FEMA Region VI