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Second Appeal Summary
PA ID# 071-U8M7N-00; Hosuing Authority of New Orleans
DSR ID# Project Worksheets 4999, 5273, 5280, 5289, 5317, 5323, 5444, 5469, 5481, and 10238; Demolition of Public Housing
Citation: FEMA-1603-DR-LA, Housing Authority of New Orleans, Demolition of Public Housing, PWs-
The City of New Orleans was struck by severe weather caused by Hurricane Katrina on August 29, 2005. The Hurricane caused significant damage to hundreds of properties in the City of New Orleans owned and managed by the Housing Authority of New Orleans (Applicant). The Applicant is requesting funding to demolish 271 structures used for public housing. The Applicant submitted three separate first appeals claiming that the demolition of the structures qualified as an emergency protective measure because some of the structures may collapse and the vacant buildings pose a threat to public health and the safety. In the first appeal response, the Regional Administrator noted that the buildings are secured by fencing and security screens and do not pose an immediate threat to public health or safety. In the second appeal, the Applicant combined three first appeals into one second appeal. The Applicant argues that the demolition of the structures is eligible because (1) the properties pose an immediate threat to public health and safety, (2) the Stafford Act nor FEMAs regulations require a structure to be in danger of collapse (3) the fences and security screens do not eliminate the immediate threat, and (4) FEMAs demolition determinations have been arbitrary, capricious, and contrary to the Stafford Act.
Is the cost of demolition of the 271 structures eligible as an emergency protective measure?
No. The Applicant has not demonstrated that the structures are an immediate threat to public health and safety.
Stafford Act Section 403; 44 CFR §206.225; FEMA Recovery Division
Policy 9523.7, Public Housing Authorities (PHAs), April 14, 2003 and Coordination of HUD and FEMA Disaster Assistance to Public Housing Authorities (PHAs)
(April 13, 2003).