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Second Appeal Brief
PA ID# 071-U8M7N-00; Housing Authority of New Orleans
PW ID# Project Worksheet; Permanent Repairs
Citation: FEMA-1603-DR-LA, Housing Authority of New Orleans, Permanent Repairs, Project Worksheet (PW) 11743Summary:
Severe weather resulting from Hurricane Katrina on August 29, 2005, caused significant damage to numerous facilities owned and operated by the Housing Authority of New Orleans (Applicant).
FEMA prepared PW 11743 for $98,768 for the costs incurred to procure building materials for the permanent repairs of buildings damaged by Hurricane Katrina and for costs incurred to replace damaged appliances. FEMA determined these costs ineligible for Public Assistance funding because under FEMA Recovery Division Policy 9523.7, Public Housing Authorities (PHAs)
, dated April 14, 2003, FEMA cannot fund permanent repair work for PHAs that are eligible for funding under section 9(k) of the United States Housing Act of 1937 (the Housing Act).
In a letter dated January 22, 2008, the Regional Administrator denied the Applicants first appeal stating that Department of Housing and Urban Development (HUD) had specific statutory authority to fund the Applicants permanent repairs and the Applicant failed to provide evidence that the repairs were not eligible for funding under section 9(k) of the Housing Act.
GOHSEP transmitted the second appeal on May 27, 2008. In the second appeal letter dated March 28, 2008, the Applicant acknowledges that it would be eligible for assistance under section 9(k) of the Housing Act if additional funds were available under that Act.Issue(s):
Are the costs for building materials and for replacing damaged appliances
eligible for funding under
section 9(k) of the Housing Act of 1937?
2. Are the repair and replacement costs eligible under the Public Assistance program? Finding(s):
Stafford Act Section 312; 44 CFR §206.226; FEMA Response and Recovery
Policy 9523.7, Public Housing Authorities (PHAs)
, dated April 14, 2003