Private Nonprofit Eligibility

February 23, 2011

Mr. Richard Muth

Governor’s Authorized Representative

Maryland Emergency Management Agency

5401 Rue Saint Lo Drive

Reisterstown, MD 21136

Re:  Second Appeal-East Village Homes Corporation, PA ID 031-UP1DU-00, Private Nonprofit Eligibility, FEMA-1875-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 East Village 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.

Background

On March 23, 2010, following the snow and severe winter storm disaster declaration, the Corporation submitted a Request for Public Assistance to apply for reimbursement for snow removal costs.  In a letter dated June 23, 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 July 29, 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 August 31, 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, 9521.3, Private Nonprofit Facility (PNP) 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 Ingram
Assistant Administrator
Recovery Directorate

cc:  Mary Ann Tierney
       Regional Administrator
       FEMA Region III