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Second Appeal Brief
PA ID# 061-U64TJ-00; Sixth Street Community Center
PW ID# Request for Public Assistance; Request for Public Assistance - Private Nonprofit
Conclusion: The Applicant’s Sixth Street Community Center (Facility) is an eligible community center and all activities held at the Facility are considered eligible.
From October 27 to November 9, 2012, Hurricane Sandy caused damage to the Applicant’s Sixth Street Community Center (Facility). FEMA denied the Applicant’s Request for Public Assistance (RPA), finding that its Facility was a recreational facility and therefore ineligible. In its first appeal, the Applicant provided additional information regarding services provided at the Facility. The Region II Regional Administrator (RA) agreed that many of the activities performed at the Facility were those of an eligible community center. However, the RA concluded that the Applicant’s Facility was multi-use and the time allocated to eligible services did not exceed the required 50 percent threshold required by policy. Namely, the associated square footage of the Facility’s Soul Food Café was ineligible. Consequently, the RA denied the appeal.
In its second appeal, the Applicant states that its Facility is primarily used (more than 50 percent) for eligible community center activities, and points to errors made by FEMA in its first appeal determination. The Applicant also objects to FEMA’s determination that its Café is a commercial enterprise, claiming, it is an integral component of the community center, not a separate business. The Applicant argues that once all errors are rectified, eligible space totals over 50 percent.
Authorities and Second Appeals
Stafford Act §§ 403(a)(4), 406(c)(2).
44 C.F.R. § 206.221(e) and (e)(7).
Disaster Assistance Policy, DAP9521.1, Community Center Eligibility (June 19, 2008).
Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility, (July 18, 2007).
DAP9521.1, Community Center Eligibility, provides that an eligible PNP community center facility be established and primarily used as a gathering place for a variety of social, educational enrichment, and community service activities.
DAP9521.1, Private Nonprofit (PNP) Facility Eligibility, provides criteria establishing eligibility of primary-use of a multi- or mixed-use PNP facility: (1) a facility must have 50% of its space dedicated to eligible services, (2) primary use of non-dedicated space is determined by eligible service time, (3) space used for religious, political, athletic, recreational, or vocational purposes is not eligible, (4) damages are considered to the entire facility, and (5) contents of an ineligible applicant are not eligible.
- The Applicant community center is not a multi- or mixed-use facility, and is not subject to the primary-use criteria.