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Second Appeal Summary
PA ID# 071-U8M7N-00; Housing Authority of New Orleans
DSR ID# 256 Project Worksheets; Mold Remediation
Citation: FEMA-1603-DR-LA, Housing Authority of New Orleans, Mold Remediation, 256 Project Worksheets (PWs)
FEMA prepared 256 PWs under Category B, in the total amount of $15,741,366, for proposed emergency mold remediation at facilities operated by the Housing Authority of New Orleans (Applicant). The Applicant requested that FEMA extend the deadline from June 30, 2006, to December 31, 2007, for mold remediation to be considered eligible as emergency protective measures. FEMA denied the Applicants request and processed the 256 PWs for zero dollars because it was determined that mold remediation was not completed prior to June 30, 2006. In its first appeal, the Applicant contested FEMAs denial to extend the deadline for remediation to be eligible under Category B. The Applicant claimed that emergency mold remediation was not completed prior to the deadline because of understaffing, lack of funding, shortage of contract labor, lawsuits, and time-consuming procurement procedures. The Regional Administrator denied the first appeal stating that emergency mold remediation must be completed in the immediate aftermath of a disaster to be effective and remediation activities after June 30, 2006, will become part of the Applicants permanent repairs. In its second appeal, the Applicant asserted that the deadline chosen by FEMA is arbitrary and capricious. The Applicant claimed that remediation work should be addressed under Category B because the work is being done to protect public property and to protect the health and safety of those persons who will re-occupy, visit, or work in the facilities.
1) Was mold remediation completed in the immediate aftermath of the disaster to prevent further damage to public property?
Stafford Act Section 403(a); 44 CFR §206.225(a)(3); Fact Sheet 9580.100, Mold Remediation