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The Disaster Law Project

Disasters ● Displacement ● Human Rights

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Hurricane Sandy

“These groups are similarly situated, and FEMA has no compelling justification for treating them differently.”

Related imageIn the wake of Superstorm Sandy, FEMA reached out to 144,000 East-coast homeowners whose flood claims were wrongly denied, giving them a second chance to access the recovery help they needed, and were entitled by law to receive.  

We want to know why FEMA won’t do the same for homeowners in Puerto Rico.  

Read our letter to Congress demanding immediate transparency and outreach from FEMA:

“[We] are deeply concerned that FEMA has wrongly denied property repair and replacement assistance to qualified homeowners under its Individuals and Households Program [IHP], which helps low-income survivors meet their basic needs. FEMA has refused to notify individual applicants of the Agency’s error and to clarify the process it will use to review resubmitted benefit applications going forward. Without explanation, FEMA maintains that it will not notify individual homeowners wrongly denied benefits following Hurricane Maria, even though it did notify nearly twice as many individual homeowners wrongly denied insurance payouts following Superstorm Sandy. These groups are similarly situated, and FEMA has no compelling justification for treating them differently.”

Letter-to-Congress_FEMA-IA-Denials-and-Disaster-Supplemental_12172018-1

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

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.”

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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