Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 000-U9NNG-00; University of New Orleans Property and Housing Development Foundation
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1786-DR-LA, University of New Orleans Property and Housing Development Foundation – Request for Public Assistance (RPA)
Reference: Request for Public Assistance (RPA), Facility Eligibility, Private Nonprofit (PNP)
Summary: In October 2008, the University of New Orleans Property and Housing Development Foundation, Inc. (Applicant) requested FEMA Public Assistance for damages to the Homer L. Hitt Alumni and Visitor Center (Center) as a result of Hurricane Gustav. On December 30, 2008, FEMA determined the Center was not an eligible facility and that the Applicant did not meet the basic eligibility requirements of owning and operating an eligible facility.
On January 20, 2010, the State forwarded the Applicant’s November 20, 2009, first appeal letter requesting that FEMA reconsider the Applicant and the Center’s eligibility. Support documents included 501(c)(3) nonprofit status documents, as well as a Affiliation Agreement and a Lease Agreement between the Applicant and the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. FEMA requested additional information to include a description of any space specifically designed and used for educational classes and to include the amount of time a space was used for accredited educational classes. On May 3, 2010, the Regional Administrator determined the Applicant met the requirements of a 501(c)(3) nonprofit and had legal responsibility to repair the Center. It was also determined that the Center was not used in direct support of education as described in Disaster Assistance Policy, DAP 9521.3, Private Nonprofit (PNP) Facility Eligibility. Upon receipt and review of the Applicant’s supplemental materials, FEMA upheld its first appeal decision and informed the State of its decision in a letter dated June 17, 2010.
The Applicant submitted its second appeal July 16, 2010, which was forwarded to FEMA from the State on September 16, 2010, and requested an oral presentation of its second appeal. Documentation provided during the oral presentation included a schedule of Center events and detailed examples of how the Center’s space is allocated for educational purposes.
Issues: 1. Did the Applicant demonstrate that it meets PNP eligibility criteria?
2. Did the Applicant demonstrate that the Center is an eligible facility?
Findings: 1. Yes.
Rationale: 44 CFR §206.221(f), Definitions, Private nonprofit organization; 44 CFR §206.222(b), Applicant eligibility; FEMA DAP9521.3, Private Nonprofit (PNP) Facility Eligibility; 44 CFR 206.221(e)(1), Definitions, Educational facilities