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Private Nonprofit (PNP) Eligibility

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1875-DR
ApplicantNorthgate Homes Corporation
Appeal TypeSecond
PA ID#031-UWQ4M-00
PW ID#NA
Date Signed2011-03-28T04:00:00

Citation:         FEMA-1875-DR-MD, Northgate Homes Corporation, PNP Eligibility                  

Cross-

Reference:     PNP, Private Property and Private Roads

Summary:       Following the snow and severe winter storm disaster declaration, Northgate Homes Corporation (Corporation) submitted a Request for Public Assistance (RPA) to apply for reimbursement of snow removal costs.  FEMA denied the Corporation’s request because it is a private homeowner’s association and its roads are not eligible facilities.  In the first appeal, the Corporation stated that the community’s roads served as emergency facilities because they provided the only access to or from homes during the disaster.  FEMA denied the first appeal on September 20, 2010, citing FEMA Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility, section 7. B(5)(h), which specifically defines facilities maintained by property owners’ associations, such as roads and recreational facilities, as facilities that are not eligible for Public Assistance.

Issues:             1. Is the Northgate Home Corporation an eligible Private Nonprofit organization?

Findings:          1.   No

Rationale:       44 CFR §206.222(b) and §206.221(e); DAP9521.3, Private Nonprofit (PNP) Facility Eligibility

Appeal Letter

March 28, 2011

 

 

Mr. Richard Muth

Governor’s Authorized Representative

Maryland Emergency Management Agency

5401 Rue Saint Lo Drive

Reisterstown, MD 21136

Re:  Second Appeal-Northgate Homes Corporation, PA ID 031-UWQ4M-00  Private Nonprofit Eligibility, FEMA-1875-DR-MD

Dear Mr. Muth:
This letter is in response to a letter from your office dated December 28, 2010, which transmitted the referenced second appeal on behalf of the Northgate Homes Corporation (Corporation).  The Corporation is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance (RPA).

Background

On March 30, 2010, following the snow and severe winter storm disaster declaration FEMA-1875-DR-MD, the Corporation submitted a RPA to apply for reimbursement of snow removal costs.  In a letter dated June 23, 2010, FEMA determined the Corporation was not an eligible applicant because FEMA Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility states that facilities maintained by property owners’ associations such as roads and recreational facilities are not eligible for assistance.

First Appeal 

In its first appeal dated August 24, 2010, the Corporation asserted that during the declared event, its roads served as emergency facilities because they provided the only access for 1,149 properties in the community, and the roads allowed ingress and egress for emergency vehicles, public utilities, heating oil delivery companies and residents in need of emergency necessities.   In addition, the Corporation stated that it provided services equivalent to governmental services evidenced by its participation in the Montgomery County Roadway Reimbursement Program.  On September 20, 2010, FEMA denied the first appeal stating that the roads are not emergency facilities as defined at 44 CFR §206.221(e)(4), Definitions, Private nonprofit facility, Emergency facility.

Second Appeal

In the Corporation’s second appeal dated December 1, 2010, it states that the roads, sidewalks, green spaces, playgrounds and forests within the property of the homeowners’ association provide access to the residents in the community and the general public.  The Corporation reiterates that it is the only agency that provided services during the disaster.  FEMA’s regulations at 44 CFR §206.222(b) require that a PNP organization own or operate a facility as defined in 44 CFR §20[6].221(e) to be eligible for FEMA assistance.  The Corporation’s roads do not meet the definition of an eligible PNP facility in 44 CFR §206.221(e).  Furthermore, section 7.B (5)(h) of FEMA’s Disaster Assistance Policy, DAP9521.3, Private Nonprofit Facility Eligibility, dated July 18, 2007, specifically designates roads maintained by property owners’ associations as ineligible PNP facilities.  Therefore, the Corporation is not eligible to receive Public Assistance funding.

Conclusion

I have reviewed all of the information submitted with the appeal and determined that the first appeal decision was consistent with program statute and regulations.  Accordingly, I am denying this appeal. 

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

/s/

Deborah Ingram
Assistant Administrator
Recovery Directorate
cc:  Mary Ann Tierney
       Regional Administrator
       FEMA Region III