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PNP Eligibility

Appeal Brief

Disaster1910-DR-MD
ApplicantPatton Ridge Homes Corporation
Appeal Type2nd
PA ID#031-UVAHL-00
PW ID#N/A
Date Signed

Citation:         FEMA-1910-DR-MD, Patton Ridge Homes Corporation, PNP Eligibility

Cross-

Reference:     PNP, Private Property and Private Roads

Summary:       Following the snow and severe winter storm disaster declaration, Patton Ridge Homes Corporation (Corporation) submitted a Request for Public Assistance (RPA) to apply for reimbursement for snow removal costs.  FEMA denied the Corporation’s request because it is a private homeowner’s association and its roads are not eligible facilities.  In the first appeal, the Corporation stated that the community’s roads served as emergency facilities because they provided the only access to or from homes during the disaster.  FEMA denied the first appeal on September 20, 2010, citing FEMA Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility, section7. B(5)(h), which specifically defines facilities maintained by property owners’ associations, such as roads and recreational facilities, as facilities that are not eligible for Public Assistance.

Issue:             1. Is the Patton Ridge Home Corporation an eligible Private Nonprofit organization?

Finding:          1. No

Rationale:      44 CFR §206.222(b) and §206.221(e); DAP9521.3, Private Nonprofit (PNP) Facility Eligibility

Appeal Letter

February 22, 2011

 

Mr. Richard Muth

Governor’s Authorized Representative

Maryland Emergency Management Agency

5401 Rue Saint Lo Drive

Reisterstown, MD 21136

Re:  Second Appeal-Patton Ridge Homes Corporation, PA ID 031-UVAHL-00Private Nonprofit Eligibility, FEMA-1910-DR-MD

Dear Mr. Muth: This letter is in response to a letter from your office dated October 18, 2010, which transmitted the referenced second appeal on behalf of the Patton Ridge Homes Corporation (Corporation).  The Corporation is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance (RPA).

Background

On June 8, 2010, following the snow and severe winter storm disaster declaration, the Corporation submitted a RPA to apply for reimbursement of snow removal costs.  In a letter dated August 5, 2010, FEMA determined the Corporation was not an eligible applicant because FEMA Disaster Assistance Policy, DAP9521.3, Private Nonprofit (PNP) Facility Eligibility states, that facilities maintained by property owners’ associations such as roads and recreational facilities are not eligible for assistance.

First Appeal 

In its first appeal dated August 12, 2010, the Corporation asserted that during the declared event, its roads served as emergency facilities because they provided the only access to or from the homes in the community, which needed access to doctors, food and water.   In addition, the Corporation stated that it provides quasi-governmental services evidenced by its participation in the Montgomery County Roadway Reimbursement Program.  On September 20, 2010, FEMA denied the first appeal stating that the roads are not emergency facilities as defined at 44 CFR §206.221(e)(4), Definitions, Private nonprofit facility, Emergency facility.

Second Appeal

In the Corporation’s second appeal dated October 13, 2010, it reiterates the arguments from its first appeal.  The Corporation argues that it provides quasi-governmental services, its roads are emergency facilities, and its property is open to the public.  FEMA’s regulations at 44 CFR §206.222(b) require that a PNP organization own or operate a facility as defined in 44 CFR §206.221(e) to be eligible for FEMA assistance. The Corporation’s roads do not meet the definition of an eligible PNP facility in 44 CFR §206.221(e).  Furthermore, Section 7.B (5)(h) of FEMA’s Disaster Assistance Policy, DAP9521.3, Private Nonprofit Facility Eligibility, dated July 18, 2007, specifically designates roads maintained by property owners’ associations as ineligible PNP facilities.  Therefore, the Corporation is not eligible to receive Public Assistance funding.

Conclusion

I have reviewed all of the information submitted with the appeal and determined that the first appeal decision was consistent with program statute and regulations.  Accordingly, I am denying this appeal. 

Please inform the Corporation of my decision.  This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals. Sincerely,

/s/

Deborah IngramAssistant Administrator Recovery Directorate

cc:  Mary Ann Tierney       Regional Administrator        FEMA Region III

Appeal Analysis

Last updated Feb 4, 2020

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