Evacuation, Medical Care, and Sheltering

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

Desastre	4506
Applicant	University of Pittsburgh
Appeal Type	Second
PA ID#	003-001D8-00
PW ID#	GMP 182335
Date Signed	2023-01-12T17:00:00

Summary Paragraph

Due to the coronavirus (COVID-19) pandemic, the University of Pittsburg (Applicant) requested Public Assistance (PA) funds for claimed costs associated with non-congregate sheltering (NCS) of students.  The Applicant asserted that the existing housing facilities on campus were inadequate to accommodate the increase in student population and to comply with the Centers for Disease Control (CDC) and Prevention recommended social distancing guidelines.  As a result, the Applicant contracted with three nearby hotels to promote social distance for housing its first-year students for the 2020-2021 academic year.  FEMA issued a Determination Memorandum denying all sheltering costs, because the Applicant’s use of hotel rooms for student housing did not meet the eligibility criteria under FEMA’s COVID-19 policy for NCS.  The Applicant appealed arguing that it was attempting to mitigate an immediate threat to life and that the institution temporarily relocated its housing services due to COVID-19.  The Pennsylvania Emergency Management Agency (Recipient) forwarded the appeal with its support.  The FEMA Region III Regional Administrator denied the appeal, finding that the Applicant had not provided documentation to support its assertions that its off-campus housing and incidental expenses were eligible.  FEMA noted that the students were not exposed to COVID-19 or represented a high-risk population, nor the Applicant requested or received prior approval for NCS.  The Applicant submits its appeal reasserting its first appeal arguments and that its use of NCS implemented CDC guidelines for social distance to prevent its students from COVID-19.

Authorities and Second Appeals

• Stafford Act §§ 403, 502.
• 44 C.F.R. § 206.225(a).
• PAPPG, at 66-68.
• Fact Sheet Non-Congregate Sheltering.
• FEMA FAQ Non-Congregate Sheltering, at 1-3.
• City of Akron, FEMA-4507-DR-OH at 3.

Headnotes

• Under the COVID-19 declarations, FEMA will consider requests for reimbursement of non-congregate sheltering for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency.  The non-congregate sheltering must be at the direction of and documented through an official order signed by a state, local, tribal, or territorial public health official and approved by the appropriate FEMA Regional Administrator.  Prior to approval, the applicant must provide an analysis of the implementation options that were considered and a justification for the option selected. 

• The Applicant did not demonstrate that the procured non-congregate lodging in three hotels is associated with any eligible activities undertaken at the direction or guidance of a public health official, nor an official order signed by the state or any other comparable activities that eliminate or lessen an immediate threat from COVID-19.  The Applicant neither received nor requested prior approval from FEMA.  Furthermore, the Applicant did not establish that the students were exposed to COVID-19 and lacked access to an isolated setting or that the measures were to protect a high-risk population.  

Conclusion

FEMA finds that the Applicant did not demonstrate that the housing in three hotels provided to its first-year students met the eligibility criteria under FEMA’s COVID-19 and PA policies for NCS. Therefore, this appeal is denied. 

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the State of Pennsylvania on March 30, 2020.  Due to the pandemic, the University of Pittsburgh (Applicant) requested $21,642,579.76 from the Federal Emergency Management Agency (FEMA)’s Public Assistance (PA) program for claimed costs associated with non-congregate sheltering (NCS) of students.  The Applicant asserted that the existing housing facilities on campus were inadequate to accommodate the increase in student population and to comply with the Centers for Disease Control and Prevention (CDC) recommended social distancing guidelines.  As a result, the Applicant contracted with three nearby hotels to house its first-year students for the 2020-2021 academic year.  FEMA issued a Determination Memorandum on November 18, 2021, denying funding for hotel rooms because it did not meet the eligibility criteria under FEMA’s COVID-19 policy for NCS.  FEMA noted that the Applicant was not authorized to provide NCS services and that the Applicant’s ineligibility for NCS precluded FEMA from providing funding for any incidental expenditures or related services. 

First Appeal

The Applicant appealed FEMA’s denial on January 12, 2022.  The Applicant contended that its off-campus accommodations in three local hotels were necessary emergency protective measures to mitigate the threat of COVID-19 and maintain safety parameters for its students for the entire academic year.  The Applicant cited federal law and regulations to argue that it was acting to reduce an immediate threat to life, property, public health, and safety as a result of COVID-19.  The Applicant claimed that its NCS qualified as a temporary relocation of essential services under the FEMA PA program.  The Pennsylvania Emergency Management Agency (Recipient) supported the Applicant’s First Appeal in its February 2, 2022, transmittal. 

In a letter dated August 17, 2022, the FEMA Region III Regional Administrator denied the first appeal.  FEMA determined that the Applicant did not provide documentation to support its claims that its NCS and its incidental expenses were eligible emergency protective measures in response to COVID-19.  Additionally, FEMA stated that the Applicant was not eligible for temporary relocation of its services and that it did not provide documentation that securing off-campus housing met FEMA’s criteria for NCS.  Furthermore, FEMA stated that the costs incurred due to its off-campus housing contracts were increased operating costs due to its unprecedented number of incoming first-year students.

Second Appeal

In a letter dated October 14, 2022, the Applicant submits a second appeal requesting $21,642,579.76 and reasserting its first appeal arguments.  The Applicant stated its use of NCS was based on what it knew at the time to protect students’ safety and prevent the spread of COVID-19.  According to the Applicant, the students were relocated from the university-owned housing to safer lodging.  It explained that the university-owned accommodations used dorm-style rooms with four students per room in limited quarters and to prevent the further spread of COVID-19 among the student population residing on campus, the incoming first-year students were placed in a safer environment that housed them in rooms with one or two students per room at the contracted hotels.  The Applicant further acknowledges that federal law did not require NCS for its students.  On October 14, 2022, the Recipient transmitted the Applicant’s appeal to FEMA, with its supporting letter.

 

Discussion

Eligible emergency work includes emergency protective measures to save lives and protect public health and safety.[1]  All work must be required as a direct result of the emergency or major disaster.[2]  In limited circumstances, FEMA may reimburse costs related to NCS.[3]  Under the COVID-19 declarations, FEMA will consider requests for reimbursement of NCS for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency.[4]  The NCS must be at the direction of and documented through an official order signed by a state, local, tribal, or territorial public health official and approved by the appropriate FEMA Regional Administrator.[5]  Prior to approval, the applicant must provide an analysis of the implementation options that were considered and a justification for the option selected.[6]  All work must be necessary and reasonable based on the type of shelter and the specific needs of the disaster survivors and determined necessary to protect public health and safety and in accordance with guidance provided by appropriate health officials.[7]  Eligible costs associated with NCS include: shelter facility costs, shelter staff costs, shelter supplies and commodities, and specific shelter services.[8]

Here, the Applicant asserts that housing students at the off-campus hotels was necessary to mitigate an immediate threat to life, property, public health, and safety due to COVID-19.  However, the Applicant did not establish that the actions were undertaken at the direction of and documented through an official order signed by a state or local public health official and the Applicant neither requested nor received prior approval from FEMA.  Furthermore, the Applicant did not demonstrate that the students were exposed to COVID-19 and lacked access to an isolated setting or that the measures were to protect a high-risk population.  The Applicant provided an analysis of the implementation options considered, its justification for the selected option,[9] as well as executed copies of its leases with the three hotels[10] that indicated the contract term from August 19, 2020, to May 1, 2021.  The Applicant asserts that it implemented CDC guidelines for social distance to prevent its students from COVID-19; however, the documentation provided did not demonstrate that the measures it described as a type of NCS were: (1) necessary and reasonable for the specific needs of the disaster survivors, if any; (2) in accordance with an appropriate health official; and (3) for a short-term use.  Although the Applicant provided a spreadsheet and invoices that detailed all expenses, they do not reflect eligible work associated with NCS or any other eligible activities that eliminate or lessen an immediate threat from COVID-19. 

 

Conclusion

FEMA finds that the Applicant did not demonstrate that the housing in three hotels provided to its first-year students met the eligibility criteria under FEMA’s COVID-19 and PA policies for NCS.  Therefore, this appeal is denied.

 

[1] Robert T. Stafford Disaster Relief and Emergency Assistance Act §§ 403, 502, Title 42, United States Code §§ 5170b, 5192 (2018); Title 44 Code of Federal Regulations (C.F.R.) § 206.225(a) (2019). 

[2] 44 C.F.R. § 206.223(a)(1); FEMA Policy (FP) 104-21-0003, Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim) (Version 2), at 4-5 (Sept. 8, 2021). 

[3] Public Assistance Program and Policy Guide, FP 104-009-2, at 66 (Apr. 1, 2018) [hereinafter PAPPG].

[4] FEMA Fact Sheet, Public Assistance: Non-Congregate Sheltering Delegation of Authority (Mar. 19, 2020) [hereinafter Fact Sheet Non-Congregate Sheltering]; FEMA Frequently Asked Questions, Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering, at 1 (Mar. 21, 2020) [hereinafter FEMA FAQ Non-Congregate Sheltering].

[5] PAPPG at 66; Fact Sheet Non-Congregate Sheltering; FEMA FAQ Non-Congregate Sheltering, at 1, 3.

[6] PAPPG, at 66-67; Fact Sheet Non-Congregate Sheltering; FEMA FAQ Non-Congregate Sheltering, at 2, 3.

[7] PAPPG, at 67; FEMA FAQ Non-Congregate Sheltering, at 2-3.

[8] PAPPG, at 67-68; FEMA FAQ Non-Congregate Sheltering, at 3.

[9] See Grants Manager, University of Pittsburgh emergency Housing Request Statement.docx; University of Pittsburgh Charter Response_Statement.docx; and DR4506PA – University of Pittsburgh -Emergency Housing – 2021.07.02.xlsx.

[10] See Grants Manager: Wyndham_Lease_Housing_251Rooms.pdf; Residence_Inn_On_Bigelow_Lease_Housing_171Rooms.pdf; and Residence_Inn_On_Forbes_Lease_Housing_144Rooms.pdf.