DAP9523.7 

FEMA 

DISASTER ASSISTANCE POLICY 

I. 
TITLE: Public Assistance Funding for Public Housing 
Facilities 
AUG 1 3 2009 

III. PURPOSE: 
This policy provides guidance on the eligibility of publicly subsidized housing facilities for 
Public Assistance funding. 

IV. SCOPE AND AUDIENCE: 
This policy is effective retroactively for major disasters and emergencies declared on or after 
October 1, 2008. It is applicable to public housing facilities, induding those authorized and 
previously funded under section 9(k) of the Housing Act of 1937, as amended. It is intended for 
personnel involved in the administration of the Public Assistance Program, including 
applicants. 

V. AUTHORITY: 
Sections 403 and 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), as amended [42 U.s.c. § 5170b(3)j; section 9(k) of the United States Housing Act 
of 1937 (Housing Act), authority, as amended [42 U.s.c. § 1437g(k)j; the Native American 
Housing Assistance and Self Determination Act of 1996, as amended (25 USC § 4101); Native 
American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Pub. L. 110411); 
and the Public Housing Disaster Relief Act of 2008 (Pub. L. 110-289). 

VI. BACKGROUND: 
Section 9(k) of the Housing Act of 1937, as amended, authorized the Department of Housing 
and Urban Development (HUD) to provide disaster assistance from the Public Housing Capital 
Fund to repair disaster-damaged Public Housing Authority (PHA) facilities. Therefore, FEMA 
provided disaster assistance for the permanent repair of all PHA facilities except those 
authorized by section 9(k) of the Housing Act of 2008, as amended. On July 30, 2008, Congress 
passed the Public Housing Disaster Relief Act of 2008, which repealed section 9(k) of the 
Housing Act of 1937. FEMA now has authority to fund the permanent repair of all PHA 
facilities. 


DAP9523.7 

FEMA 

DISASTER ASSISTANCE POLlCY 

VlI. POLICY: 

A. Emergency Work: FEMA may provide essential assistance under Section 403 of the 
Stafford Act to PHAs and American Indian and Alaskan Native designated public housing 
entities. This assistance may include debris removal, demolition of Wlsafe structures, and any 
actions necessary to reduce an immediate threat to life, property, and public health and safety. 
B. Permanent Work: FEMA may provide assistance to repair, replace or reconstruct 
disaster-damaged PHA facilities unless Congress appropriates funds to HUD for emergency 
capital needs to repair, restore, or replace certain PHA facilities damaged by Presidentially 
declared major disasters. American Indian and Alaskan Native designated public housing 
entities may apply directly to FEMA for disaster assistance. 
VIII. RESPONSIBLE OFFICE: Disaster Assistance Directorate (Public Assistance Division). 
IX. SUPERSESSION: This policy supersedes Recovery Policy RP9523.7, Public Housing 
Authorities (PHAs), dated April 14, 2003, and previous guidance on this subject. 
X. REVIEW DATE: This policy does not automatically expire, but will be reviewed 3 years 
from the date of publication.