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Second Appeal Brief
PA ID# 009-UWWJ8-00; Chabad of the Space Coast, Inc
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1785-DR-FL, Chabad of the Space Coast, Inc – Request for Public Assistance (RPA)
Reference: Request for Public Assistance (RPA), Private Nonprofit Facility (PNP)
Summary: In January 2009, the Chabad of the Space Coast, Inc (Applicant) submitted an RPA for damages to the Chabad Jewish Community Center (Center) as a result of Tropical Storm Faye. According to the Applicant, it owns, operates and maintains the Center. After a review of documentation provided by the Applicant, on
March 31, 2009, FEMA determined that the Applicant did not meet the definition of an eligible private nonprofit as described in FEMA policy DAP9521.3, Private Nonprofit (PNP) Facility Eligibility.
The Applicant submitted a first appeal on May 18, 2009, asking FEMA to reconsider its PNP eligibility and to reimburse it for disaster-related damage to the Center. The Florida Division of Emergency Management (State) in support of the first appeal cited Disaster Assistance Policy DAP9521.1, Community Center Eligibility, and argued that the number of hours used for non-sectarian programs are greater than the number of hours in which sectarian programs are offered at the center. The State also requested that the project be revised from a small project to a large project with scopes of work consistent with the repair quotes received from the construction firms. On October 29, 2009, the Regional Administrator denied the first appeal and explained that a review of the first appeal support documentation, including the Articles of Incorporation, determined that the Center’s activities appeared to be geared to the development of the Jewish faith and that the Corporation’s website does not clearly identify the Center as a community center where the majority of the programs and functions are non-secular.
The State forwarded to FEMA a second appeal on behalf of the Applicant on December 22, 2010, and reiterates the first appeal argument that the Applicant is an eligible PNP applicant and that the Center is an eligible PNP community center. The Applicant’s support documents include copies of coversheets for its 2008 and 2009 Not-For-Profit Annual Report.
Issues: 1. Did the Applicant provide sufficient documentation to support its claim that the Center meets PNP community center eligibility criteria?
2. Was the second appeal submitted within the regulatory time limit?
Findings: 1. No.
Rationale: 44 CFR 206.223(b),General work eligibility, Private nonprofit facilities; 44 CFR 206.206, Appeals,; FEMA DAP9521.3, Private Nonprofit (PNP) Facility Eligibility; FEMA DAP9521.1, Community Center Eligibility