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Thousands in Puerto Rico Wrongly Denied FEMA Aid: We’re Working to Fix That

Isamar holds her nine-month-old baby at their makeshift home in San Isidro, Puerto Rico, on December 23rd, 2017.

More than 75,000 low-income homeowners in Puerto Rico are still waiting for help to rebuild their homes, more than a year after Hurricane Maria swept the island. FEMA initially rejected their application for benefits because these applicants did not present a registered certificate of title to prove they owned the damaged property.

But these applicants did own their home under Puerto Rico law. They either acquired it through inheritance, or through a process of “prescription,” which typically involves someone making use of an abandoned building or land. Puerto Rico doesn’t require this type of property to be registered in order to establish ownership.

FEMA denied them anyway.

Thanks to the work of local advocates, FEMA finally agreed that these applicants should have been recognized as property owners all along, and will allow them to re-apply for benefits using a “Sworn Declaration” to verify ownership. But because FEMA has refused to notify individual applicants of these new developments, thousands of homeowners may never know their benefits were wrongly denied, and will continue to lose out on critical recovery assistance they are entitled by law to receive.

What we want is simple: FEMA must notify individual applicants that their benefits were denied due to the Agency’s mistake, and give them a meaningful opportunity to reapply. By one count, that’s about 77,000 homeowners. We know FEMA can do this, because it’s done it before.

Between 2012 and 2015, thousands of homeowners on the East-coast were wrongly denied insurance payouts following Superstorm Sandy. FEMA set up a claims review process to make things right, and notified 144,000 individual homeowners of the opportunity to participate in that process. That’s about twice the number of applicants wrongly denied benefits in Puerto Rico following Hurricane Maria. If FEMA can reach out to individual homeowners on the East-coast, why can’t it reach out to similarly situated homeowners in Puerto Rico? We’ve yet to hear a compelling reason.

We’ll continue to work with organizations like Fundacion Fondo de Acceso a la Justicia, Ayuda Legal Puerto Rico, Servicios Legales de Puerto Rico, and others, until this problem is solved. In our Letter to Congress delivered on Monday, members of the NLIHC’s Disaster Housing Recovery Coalition asked for legislative oversight to ensure that FEMA is properly administering the nation’s disaster recovery program, and affording all hurricane survivors, wherever the storm strikes, to effective and equal treatment.

– Kathleen Bergin

Photo credit: Mario Tama/Getty Images

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UK’s Special Inquiry on Sexual Exploitation and Abuse in the Aid Sector

Following revelations of sexual misconduct by Oxfam personnel in Haiti after the 2010 earthquake, the UK Parliament’s International Development Committee initiated a special inquiry into sexual exploitation and abuse in the aid sector.

DLP submitted recommendations in collaboration with The Institute for Justice and Democracy in Haiti, and Doughty Street Chambers.

Hearings at the IDC in London begin today, but procedural rules require that all submissions remain confidential until they are accepted as evidence, which we understand becomes official tomorrow.

Until then, you can find a preview of our recommendations via this link, and pasted below.  

I will post any hearing updates on twitter.

SEXUAL EXPLOITATION AND ABUSE IN THE HUMANITARIAN AID SECTOR REQUIRES INDEPENDENT, SECTOR-WIDE INQUIRY

 

 

A coalition of lawyers from the Institute for Justice & Democracy in Haiti (IJDH), the Disaster Law Project (DLP) and Doughty Street Chambers has submitted a joint submission to the International Development Committee (IDC) inquiry on sexual exploitation and abuse (SEA) and related misconduct in the humanitarian aid sector. The submission sets out key changes necessary to establish effective safeguarding processes and strengthen accountability in the sector, and calls for an independent, external sector-wide inquiry.

 

“The IDC’s inquiry is an important first step, but an in-depth independent inquiry is necessary to reveal the scope of the problem, analyse how safeguarding practice are operating on the ground and ensure accountability” said Nicole Phillips, Staff Attorney with IJDH and one of the submission’s authors. “An independent inquiry is an opportunity for the UK to lead globally in ending abuse and impunity in the aid sector and rebuilding public confidence. This goes far beyond Oxfam” she continued.

 

The submission was made following a meeting of the Haiti All Party Parliamentary Group (APPG) chaired by Lord Griffiths in March, where Brian Concannon, Executive Director of IJDH and Jennifer Robinson of Doughty Street Chambers, spoke alongside Nick Roseveare, Director of International Programmes at Oxfam. At that meeting, Concannon emphasised that the Oxfam scandal is merely “the visible tip of the iceberg” and that the entire international aid sector is in the same boat with Oxfam over safeguarding, stating “and it’s sinking…If they don’t fix the boat, then it will sink.”

 

Both Concannon and Robinson emphasised the need for an independent sector-wide inquiry at the APPG, a position also welcomed by Oxfam. At least 23 organisations have been reported to have been implicated in SEA in Haiti, the Ivory Coast and Sudan. Robinson said that a sector-wide review would have greater credibility with the public; would better protect Oxfam’s reputation and the reputation of other aid organisations and would be far more cost efficient than if each aid organisation conducted its own internal review. While the Charities Commission investigation into Oxfam is welcomed, Robinson said that “an organisation-specific approach is not going to have the sector-wide impact that it needs to have”.

 

The Haiti All Party Parliamentary Group meeting participants, which included Lord Bates, Minister of State at the Department for International Development, were receptive to the proposals and encouraged a submission to the IDC.

 

In addition to explaining the need for a broader inquiry beyond the IDC and proposing models which DFID could fund, the submission draws the Committee’s attention to key deficiencies in existing safeguarding policies, with a particular focus on organisations’ Codes of Conduct and grievance mechanisms. The submission calls upon IDC to make recommendations to:

 

  • strengthen cooperation between humanitarian actors and local authorities in criminal and civil actions;
  • compel organizations to clearly define and expressly prohibit SEA, violations of domestic law, staff misconduct, and other actionable program concerns in a Code of Conduct; and
  • require grievance mechanisms that are transparent, accessible, secure, and capable of providing victims with an adequate remedy.

The work of IDC and any subsequent independent inquiry to “must consider misconduct towards both staff and beneficiaries, hear directly from affected communities and address not only sexual abuse but other misconduct like physical violence and corruption” said Phillips. “All abuse in the aid sector is unacceptable.”

 

Reports from the Haiti APPG can be found here and here.

 

Contacts:

 

Jennifer Robinson, Barrister, Doughty Street Chambers, j.robinson@doughtystreet.co.uk, +442074041313 (London, UK)

 

Nicole Phillips, Staff Attorney, Institute for Justice & Democracy in Haiti, nicole@ijdh.org, +509-4645-2888 (Port-au-Prince, Haiti)

 

Kathleen Bergin, Director, Disaster Law Project, kathleen.bergin@gmail.com, +1 857-222-6176 (Ithaca, USA)

 

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There’s Still Time To Apply For Disaster Benefits In Puerto Rico: 5 Things To Know

If you’re in Puerto Rico, you now have until June 18 to apply for disaster benefits.

Image result for puerto rico images

This is the second time FEMA extended the filing deadline, giving applicants nearly 9 months to submit a claim. That might seem like a long time, but it makes sense given FEMA’s slow start and lingering recovery roadblocks. FEMA took weeks to open the first Disaster Recovery Center where survivors could apply in person, and widespread power outages made it impossible for people who couldn’t reach a DRC to apply by phone or on-line.
Things are improving, certainly, and FEMA so far has processed about 1.2 million applications for individual and household benefits. But with roughly 150,000 customers still waiting for electricity, it’s impossible to say that everyone’s had a fair opportunity to apply.
FEMA has the authority to extend the deadline again, but my hunch says it won’t. By comparison, FEMA accepted applications for 6 months following Hurricane Katrina and Superstorm Sandy, but we’re nearing a month past that point already for Hurricane Maria.
Moreover, even if Puerto Rico’s Governor, Ricardo Rossello, formally requests an extension (which he’d have to before one is granted), FEMA could reject the request if it’s satisfied with the pace of progress and number of applications received between now and then.
So apply as soon as you can – here’s how:

  • On-line at www.disasterassistance.gov;
  • Via phone at 1-800-621-3362 (voice, 711/VRS); 800-462-7585 (TDD); or
  • In person at a Disaster Recovery Center (find one scroll to the bottom of this page).

This FEMA FAQs sheet provides more information, and a video link that walks you through the process of filing and tracking your application. Take a look, but here are five additional tips to keep in mind – offered as info, of course, not actual legal advice:

1. Get help from a lawyer by calling 1-800-310-7029. That’s the number for the Disaster Legal Hotline, a service set up by the Young Lawyers Division of the American Bar Association and their pro-bono partners. Leave your basic info, and they’ll connect you with a lawyer who’s done this kind of thing before. The lawyer can answer questions you have about the application process, work with FEMA on your behalf, and help file an appeal if you’re denied or awarded less than you expected. It’s free for most people who call.

Continue reading “There’s Still Time To Apply For Disaster Benefits In Puerto Rico: 5 Things To Know” →

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The Jones Act Waiver for Puerto Rico Expires Today – Now What?

Show of hands: who here knew about the Jones Act before Vox ran a headline after Hurricane Maria?

Image result for puerto rico shipping port imagesIf you said yes, then you’re probably a maritime lawyer or shipping magnate – in which case, welcome!

If you said no, then you’re more like me – and I’m a lawyer who cut my teeth on a pretty major catastrophe in the Caribbean.  So don’t sweat it.

Anyway, I won’t belabor the details of the Jones Act now that we’re all arm-chair experts.  Besides, the purpose of this post is to explain proposed legislation that aims to reform or repeal the Act in the wake of Hurricane Maria.

But first we need to highlight some basics for friends who just climbed on board.  So let’s dive in.

The Jones Act is THIS bad

By most accounts, the Jones Act is a disaster for Puerto Rico that helped plunge the island into debt, and push the cost of living higher than most major metro areas in the US.  According to one study, it has drained $17 billion from the island economy over 20 years.

Related imageEverything from apples to i-phones are more expensive because of the Act.  Basic necessities are about to get even pricier now that Hurricane Maria destroyed the supply chain but accelerated demand.  That’s an incalculable burden for most Puerto Rico consumers whose annual income averages $18,000 per year.

Here’s how it works

The Jones Act stipulates

Continue reading “The Jones Act Waiver for Puerto Rico Expires Today – Now What?” →

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Cholera in Haiti: UN Accountability Under The Guiding Principles on Internal Displacement

Uncontrolled vomiting hits first, along with profuse, watery diarrhea.  Within minutes, your body begins to dehydrate, your muscles will clench and cripple.  Your kidneys will fail next.  Then your brain goes into a coma, and your body goes into shock.  You’ll come out of it though, eventually, if you find treatment right away.  But if you can’t find treatment, you could die.  If treatment comes too late, you could die.  If the symptoms strike so fast that you have no idea what hit, it’s likely you will die.cholera - 5

This is cholera, a disease that has infected close to a million people in Haiti, and depending on which numbers you credit, has killed between 10,000 and 30,000.  Though easily prevented and treated, its onset is sometimes so sudden and severe that victims can die of systemic shock within an hour of the first stomach cramp.
Not a trace of cholera in Haiti had been reported in more than a century worth of health data.  But it exploded upon arrival in October, 2010.  One hospital near the epicenter of the outbreak admitted more than 400 cholera patients in a single day – just three days after the first reported fatality.  Forty-four of those patients were dead by nightfall.

It took only a few weeks for cholera to reach every corner of the country.  It seeped into neighboring Dominican Republic almost as fast, and eventually sickened people in the US, Mexico, Venezuela, Cuba, and a long list of other countries across the Caribbean.  Haiti has become ground zero for the world’s deadliest cholera outbreak.

cholera - 3How did this happen?  Continue reading “Cholera in Haiti: UN Accountability Under The Guiding Principles on Internal Displacement” →

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NYC Passes New Disaster Legislation After Hurricane Sandy. Now The Hard Part.

Property owners and other qualifying individuals in New York City will be given additional time following a disaster to repair and clear their property, without incurring penalties for certain municipal code violations.  New disaster legislation passed by the City Council takes effect August 8, 2016, and applies retroactively to fines imposed after Hurricane Sandy.

Sandy - homes destroyedI’ve posted a detailed summary of new developments here.  In this post, I’ll explain why the scope of protection under one of those laws, Int. 1037, depends on how quickly and effectively the City implements a recovery program following the next major disaster.  The record from Hurricane Sandy is not encouraging, but perhaps the benefit of that experience will produce better results in the future.

 

 

A Quick Review of Int. 1037

Continue reading “NYC Passes New Disaster Legislation After Hurricane Sandy. Now The Hard Part.” →

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What is a Disaster Lawyer, Anyway?

I get this question a lot.  For me, it’s someone who uses the law to empower people whose rights are overlooked or outright violated in a disaster.  We advocate for people who were socially vulnerable and politically marginalized even before the disaster, and therefore especially susceptible to human rights abuse after a disaster.

Hurricane Katrina was my first direct experience with a mega-disaster, and it’s important to be clear about what happened. The strength of the storm and where it landed are accepted as reasons so many people died, or struggled to stay afloat in the drawn-out aftermath. But life was fated for people across the Gulf Coast long before Katrina, by government policies that determined who lived where; whether and when they could escape; and if those who made it out were encouraged to return home.  I saw the same thing play out in Haiti, and witnessed it from a distance in the Philippines, Nepal, and virtually everywhere else an earthquake hit, a hurricane struck, or a drought crept in.  The most important thing I learned from Katrina and these other events is that disasters do the most damage along political fault-lines that already exist.

I also learned something else from Katrina.  Continue reading “What is a Disaster Lawyer, Anyway?” →

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Lead and Legionnaires’: Involuntary Manslaughter on the Table in Flint

If you want to know more about “involuntary manslaughter” charges that investigators are discussing in Flint, then read on.  This post doesn’t present all of the evidence that could support criminal charges, or try to prove someone guilty of a crime.  But it does tell you what involuntary manslaughter actually means, and highlights some important findings from a recent Task Force report.  It also identifies a few things standing in the way of criminal charges.

The attorney investigating the water crisis in Flint announced in February that he would consider involuntary manslaughter charges against anyone who was grossly negligent in handling an outbreak of Legionnaires’ disease that sickened 87 people over a 17 month period, and has so far killed 11.

Legionnaires’ causes flu-like symptoms, and can be deadly to people with suppressed immune symptoms. Continue reading “Lead and Legionnaires’: Involuntary Manslaughter on the Table in Flint” →

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Flint: Why It’s Not A “Federal” Disaster

Michigan Governor Rick Snyder has asked the federal government to declare Flint a major disaster on account of the city’s lead water crisis. That would make $96 million in sorely needed federal aid available to clean the water, fix the broken infrastructure, and provide health care to people who will suffer the life-long consequences of lead poisoning.  But the Obama Administration said no, prompting an appeal from state and local lawmakers who are desperate for extra cash.

So what gives?

Federal disaster declarations are governed by the Stafford Act, which limits when the President, through executive agencies, can declare a disaster.  The law provides for two types of declarations: an “Emergency” or a “Major Disaster.”  Some federal aid is allocated in an Emergency, but much more is allocated in a Major Disaster.

An “Emergency” is defined as “any occasion or instance” that requires federal assistance to supplement state and local efforts and capacities to save lives, protect property, or avert a catastrophe. Continue reading “Flint: Why It’s Not A “Federal” Disaster” →

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If You’re in Vanuatu and Survived Cyclone Pam, Read This Now:

Read This NowYou have a right to life with dignity.

You have a right to adequate shelter, to food, to safe drinking water, and to sanitary hygiene facilities.  You have a right to health care, to remain with your family, to privacy.  You have a right to access humanitarian aid.

You have a right to be safe.

Your government owes you these and other rights.  They also owe you a remedy for the harm that’s caused when these rights are violated.

You also have a right to control your destiny.  A disaster response system has been put in place that may or may not have been designed with your input.  But the right to “consultation,” as lawyers call it, means that decisions about camps and shelters (and every other aspect of the response and resettlement) – whether made by the government of Vanuatu, the UN, an NGO, or other international actors – must reflect YOUR priorities, not theirs.  If you don’t have a seat at the table, if your voice is not being heard, then you are not being consulted.  And that is a human rights violation.

Have you heard that the recovery is slow because of logistics, or money, or the scale of devastation?  That certainly may be true.  Or it may not.  Continue reading “If You’re in Vanuatu and Survived Cyclone Pam, Read This Now:” →

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