Private Nonprofit

Appeal Brief

Appeal Letter

Appeal Analysis

Background

From September 23 through November 4, 2022, strong winds and torrential rain from Hurricane Ian caused damage throughout the state of Florida.^[1] On December 1, 2022, the Central Florida Young Men’s Christian Association (YMCA) (Applicant), a Private Nonprofit (PNP) organization, submitted a Request for Public Assistance (RPA). The Applicant requested funds to repair damages to the Blanchard Park building (Building), which the Applicant leased from Orange County, Florida (Orange County).^[2] The Applicant agreed to use the Building “only for the construction and operation of the [YMCA] [f]amily [c]enter…the primary purpose of which [wa]s family and community activities, including without limitation, health, recreation, and fitness.”[3] The Applicant also agreed to grant Orange County “dedicated space” within the Building.[4] Furthermore, the Applicant agreed that Orange County “shall have access” to other areas of the Building, which “shall be deemed ‘joint use’ by both [the Applicant] and [Orange] County.”[5] 

FEMA issued a Request for Information (RFI) on January 9, 2023, asking the Applicant to provide a breakdown of all services provided at the Building, the amount of physical space allotted to each service, and Building/provider licenses. The Applicant responded on 

January 23, 2023, with a list of available programs it provides, including youth sports, community exercise classes, day camps, childcare, pool usage for community and military training, and other special events, along with a breakdown of the Building’s program usage by SF. The Applicant also provided an operating license for the outdoor pool and explained that childcare licenses were not required. 

FEMA issued a Determination Memorandum on April 20, 2023, denying the Applicant’s RPA. FEMA found the Applicant was not an eligible PNP because it did not own or operate an eligible PNP facility. FEMA found that 50 percent or more of the Building’s space was dedicated to ineligible services. Therefore, FEMA determined the Building was not an eligible PNP facility that provided an eligible PNP service.

First Appeal

On June 8, 2023, the Applicant submitted a first appeal, asserting that more than 50 percent of the Building was used for community events such as “Child Watch/Kids Adventures, Community Rooms, Teen/Intergenerational, Group Exercise/Wellness Studio, [and] Community Health Area.”[6] The Florida Division of Emergency Management (Recipient) transmitted the Applicant’s first appeal on July 31, 2023, with a letter of support. 

The FEMA Region 4 Regional Administrator denied the first appeal in a letter dated February 14, 2024. FEMA found the Applicant did not demonstrate that it owned or operated an eligible PNP facility that provided eligible critical or non-critical, essential social services. Specifically, FEMA concluded that more than 50 percent of the physical space for the PNP mixed-use facility was used for ineligible services.

Second Appeal

The Applicant submitted a second appeal on April 5, 2024, reiterating its first appeal arguments and providing additional documentation, such as flyers and calendars to show the community services it offers. The Applicant adds a summary, with dates, of the various events held at its Building, including senior citizen projects, community social functions and events, youth enrichment activities, and emergency response events. The Recipient transmitted the Applicant’s second appeal on June 3, 2024, with a letter of support.

Discussion

Certain PNP organizations are eligible to apply for FEMA Public Assistance.[7] To be eligible, the PNP must own or operate an eligible facility, which includes a facility that provides a non-critical, but essential social service to the general public.[8] In cases where the facility provides multiple services, such as a community center, FEMA reviews additional items to determine the primary service that facility provides.[9] Facilities established or primarily used for political, athletic, recreational, vocational, or academic training, conferences, or similar activities are ineligible.[10] If FEMA determines that 50 percent or more of physical space in a facility is dedicated to ineligible services, the entire facility is ineligible.[11] In cases where a PNP applicant shares use of a facility, it is only eligible if the facility is primarily owned by the PNP applicant and meets the primary use requirement.^[12]

Here, the PNP Applicant shared use of the Building with Orange County. According to the terms of the lease, the Applicant granted Orange County a dedicated office space in the Building, as well as joint use of multiple areas of the Building. Per the FEMA policy cited above, in cases where a PNP applicant shares use of a facility with another entity, it is only eligible if the facility is primarily owned by the PNP applicant and meets the primary use requirement. Therefore, because the Applicant shares use of the Building with Orange County and has not shown it owns the Building (primarily or otherwise), the Building is not an eligible facility. 

Notwithstanding the above, an evaluation of the Building’s physical space and services provided further demonstrates that the Building is not an eligible PNP facility. Although the Applicant argues that a significant portion of the Building’s space is used to provide community events, FEMA policy makes it clear that not all community services constitute eligible noncritical, but essential social services.[13] Here, the documentation shows the Applicant primarily used the Building for athletic and recreational activities. Thus, the Applicant has not demonstrated that 50 percent or more of physical space in the Building is dedicated to eligible services.

Conclusion

The Applicant has not demonstrated that it owns or operates an eligible PNP facility. Therefore, the Applicant is not eligible, and this appeal is denied.