Thank you to Legal Aid of NC with a special thank you to Emma Smiley and Ashley Skaff for updating the content.

 

Back to the Disaster Assistance Manual

Handling FEMA Cases for Pro Bono Attorneys

What FEMA Provides

The Federal Emergency Management Agency (FEMA) provides on-the-ground help during and immediately after disasters, as well as financial assistance to survivors. Post-disaster FEMA assistance usually comes in the form of direct monetary payments to survivors, who are instructed to use the funds for a specific purpose.

 

Individuals and Households Program

Disaster survivors can seek FEMA financial assistance through the Individuals and Households Program, which encompasses assistance with a variety of disaster-related needs:

  • Home Repair: Financial assistance to homeowners, intended to be used for basic, emergency repairs to enable survivors to return to their homes after a disaster.
  • Rental: Financial assistance to survivors who are displaced by the disaster, allowing them to pay rent and security deposits on temporary housing while their homes are uninhabitable. At its discretion, FEMA may also choose to provide direct assistance, for example, by providing a travel trailer to an affected family.
  • Personal Property: Financial assistance intended to repair or replace basic, essential household items damaged or destroyed in a disaster.
  • Transportation: Financial assistance to cover disaster damage to an essential vehicle, which is not covered by insurance.
  • Medical, Dental, and Funeral: Financial assistance for medical needs caused by a disaster, or funerals for those killed in the disaster.
  • Other: Financial assistance for other essential needs FEMA determines are related to the disaster. Examples include child care payments or the provision of a generator.

 

Purpose and Amount of FEMA Assistance

FEMA assistance is intended for the limited purpose of meeting basic, emergency needs related to a disaster. It is not intended to cover all needs. For example, in determining award amounts for home repair assistance, FEMA consults a chart laying out specific amounts per square foot of damage to specific components of a home. These amounts rarely cover the actual cost of completing repairs to the damaged component, let alone all disaster damage to the property. Likewise, personal property assistance generally covers an estimated yard sale value of a limited list of essential items, as determined by FEMA.

 

FEMA Process

  • Initial Application: Survivors can apply to FEMA in person, at local disaster recovery centers; online, at www.disasterassistance.gov; or by phone, at 800-621-3362. FEMA representatives are available to assist with applications. Applications are straightforward and do not require attorney assistance.
  • FEMA and the Small Business Administration: Depending on the applicant’s income and needs, FEMA may refer survivors to the Small Business Administration (SBA) rather than providing a grant. The SBA provides low-interest loans to both individuals and businesses to cover disaster-related losses. SBA referrals generally occur immediately after application. While SBA loans do need to be repaid, they are typically much more substantial than FEMA grants.
  • Inspections: FEMA schedules inspector visits usually within a few days of the application. The inspector will visit the survivor’s home to estimate the extent of the damage for which the applicant has requested assistance.
  • Decision: FEMA makes decisions about whether to provide assistance, and the amount of assistance, based on the inspection. Applicants and their representatives do not have access to the decision makers. Initial decisions are typically issued within a day or two of the inspector’s visit to the home.
    1. Decision Letters: FEMA communicates its decisions to applicants via standard form letters. Letters inform applicants of the intended purpose of any funds provided, and how much money is being provided for each purpose. Applicants may already have received the funds via direct deposit before receiving the letter. Because denial letters use standard form language, applicants and their representatives should contact FEMA for more information about specific reasons for the denial.
  • Appeals: Applicants can appeal FEMA denials, and can also appeal the grant of an award that is too small to meet the applicant’s needs.
    1. Deadline: FEMA appeals are due within 60 days of the decision letter.
    2. Administrative Requirements: Appeals must include the applicant’s full legal name, contact information, FEMA application number, disaster number, an explanation of why the applicant in fact meets the requirements for which they were denied, copies of any documentation FEMA has requested, and a signed statement that the statements in the appeal are made under penalty of perjury. Many applicants appeal FEMA decisions on their own, but attorneys can also assist in gathering evidence and preparing appeal letters. If an attorney signs the appeal letter, it should be accompanied by a release form signed by the applicant.
    3. Number of Appeals: Applicants can file multiple appeals of the same decision, but should be sure to provide additional information and evidence in any subsequent appeals.
    4. Process: Appeals are reviewed on paper, and neither applicants nor their representatives have access to the decision makers. Appeal decisions will be communicated via form letter to the applicant, regardless of whether the applicant is represented by an attorney.
  • Reconsiderations: In addition to appeals, applicants can also file requests for FEMA to reconsider its prior decision. Appeals and reconsiderations are functionally the same.
    1. Deadline: Reconsideration letters do not have a firm deadline, and are typically submitted after the 60-day appeal deadline has passed. While FEMA may choose not to consider a later reconsideration, it is generally worth pursuing in meritorious cases.
    2. New Evidence: Reconsideration requests must include evidence not previously submitted.
  • File Requests: Applicants and their representatives have a right to request a copy of the applicant’s file, which is typically mailed and received 1-2 months following the request. The file includes copies of all correspondence to and from the applicant; an inspection report in the form of a chart filled out by the inspector while visiting the home; and a log of telephone contacts between FEMA and the applicant. The file does not include photographs taken by the inspector on site or reasoning behind award decisions.
  • Contacting FEMA: Applicants and their representatives can contact FEMA’s hotline and speak to a call center representative about the application. There is no procedure for access to decision makers at FEMA regarding individual cases. Hotline representatives have access to information not included in the printed file, including specific components of homes or personal property that were included in damage calculations, and in some cases reasons for denial. Hotline representatives will require a signed FEMA release in the file before speaking to a representative about a case. Applicants or representatives should also contact FEMA’s hotline if a decision has not been issued on an appeal or reconsideration after more than one month, as this may be indicative of a problem in the case.
  • FEMA Window: Typically, FEMA requires that initial applications for disaster assistance be submitted within 60 days of a disaster, though this window may be extended for specific disasters. FEMA typically ends all assistance for a particular disaster 18 months after the disaster. This includes use of FEMA trailers, as well as rental assistance and the opportunity to submit requests for reconsideration.

 

Individuals and Households Program General Requirements

All applicants for financial assistance through the Individuals and Households program must meet the general requirements; in addition, there are specific requirements for specific types of assistance. The general requirements include:

  • Citizenship Status: The applicant must be a U.S. citizen, non-citizen national, or qualified alien. Qualified aliens include refugees, people granted withholding of deportation, some trafficking and crime victims, and other specific categories.
  • Verifiable Identity: FEMA requires identity verification from applicants, usually provided in the form of a photo ID.
  • Residence in a Disaster-Declared County: The county in which the applicant resides must have been federally designated as a disaster area. There is an exception to this for transportation assistance, in which case the applicant may live elsewhere if the vehicle was located in a declared county at the time of the disaster.
  • Causation: Applicants are only eligible for assistance with expenses or needs directly caused by a declared disaster.
  • Uninsured Damage: The applicant must have disaster-related losses that are not covered by insurance. For example, if a home is damaged, FEMA will only provide assistance if the homeowner did not have insurance on the home, the type of damage was not covered by insurance, or the amount of damage was in excess of the amount paid by insurance. FEMA requires that applicants first make a claim with the relevant insurance before receiving FEMA assistance. In some circumstances, FEMA may provide funds to an applicant whose insurance is delayed, which will need to be paid back once insurance funds are released.

 

Home Repair Assistance Requirements

In addition to the general requirements outlined above, applicants for home repair assistance must meet several additional requirements. FEMA will first attempt to verify these requirements itself through public records before requesting proof from the applicant.

  • Ownership: Applicants for home repair assistance must have owned the home at the time of the disaster. Renters are not eligible for home repair assistance, since repairs are the landlord’s responsibility. Renters may, however, be eligible for rental assistance to temporarily stay elsewhere if the home is uninhabitable.
    1. FEMA defines ownership as falling into one of three categories:
      1. Applicant owns the home, as shown by a title, deed, will, etc.;
      2. Applicant does not hold formal title but pays no rent and is responsible for the major expenses on the home, such as repairs and property taxes; or
  • Applicant has lifetime occupancy rights, although formal title is vested in another.
  1. FEMA maintains a list of acceptable documents to prove ownership, including deeds, titles, wills, mortgage documentation, insurance documentation, and property tax records. This list also includes receipts for major repairs or the written statement of a public official. In cases involving inherited properties or mobile homes/travel trailers where no other documentation is available, FEMA will accept a sworn statement from the owner as to ownership.
  2. Applicants who have proven their ownership in a prior disaster need not prove it again.
  • Occupancy: Applicants must have occupied the home as their primary residence at the time of the disaster.
  • Uninhabitability: The home must be determined to be uninhabitable per FEMA’s definition. Note that this definition applies to FEMA-defined essential rooms of the home; therefore, severe damage to a non-essential room (such as the ceiling collapsing in an unoccupied bedroom or a portion of the home used for business purposes) may not render a home uninhabitable by FEMA’s definition.
    1. FEMA’s definition: a home is uninhabitable if it is not “safe, sanitary, and functional”
    2. Examples of repairs FEMA will fund include: repairs to structural components of a home (such as foundation, roof or exterior walls); damage to essential components or utilities (such as electric, gas, plumbing, sewage/septic, water heater, HVAC system); and interior damage if it renders an essential room uninhabitable and no other room in the house meets that need.
    3. In general, FEMA will base its decision on habitability on its inspection. Should an applicant need to appeal that decision, documentation options include photographs, contractor statements and estimates for repairs, inspection reports, statements from local government, etc.
    4. Note that FEMA’s primary concern is the state of the home rather than the cost of repairs, so contractor estimates are most helpful when accompanied by a written description of the extent and severity of the damage. Attorneys may wish to provide contractors with a questionnaire regarding the damage.
  • Flood Insurance Maintained If Required: While FEMA can help homeowners who fail to maintain general homeowners’ insurance, in some cases FEMA requires homeowners to maintain flood insurance. Homeowners who fail to do so are ineligible for FEMA assistance for any disasters that occur when the home is not covered by flood insurance.
    1. When FEMA or another federally-funded agency provides disaster-related assistance for repair of a home in the 100-year floodplain, FEMA or the other agency will require the homeowner to maintain flood insurance in the future. The agency should have provided notice of this requirement at the time benefits were issued.
    2. The flood insurance requirement follows the property, not the individual. Property owners subject to the flood insurance requirement are required to notify buyers of that requirement, and may be held liable for failure to do so. Owners who acquired the property through inheritance and have no knowledge of the requirement are nevertheless bound by it, and cannot receive FEMA assistance in the absence of flood insurance.
    3. Note that this requirement will also apply in the future to any applicants in a floodplain receiving FEMA assistance for the current disaster.

Note that there is a limit to the home repair funding a household can receive even if a home is completely destroyed. As of 2022, that limit was $36,000.

 

Common Problems in Seeking FEMA Home Repair Assistance

Q: FEMA claims that the home is habitable, but it clearly isn’t. What do I do?

 

A: First, please see the “uninhabitability” section above. If the homeowner has not already submitted clear proof of the damage, an appeal or reconsideration letter is the time to do so. Consider what documentation might be obtainable, such as photographs, contractor statements, or inspection reports. It is also helpful to obtain a copy of the FEMA inspection report to determine how FEMA came to this conclusion: is the damage listed on the report? If FEMA failed to note the damage, you can request a follow-up inspection as part of an appeal or request for reconsideration, but you should also submit evidence of the damage yourself.

 

Second, there may be problems with evidence previously submitted by the applicant. Attorneys should review the FEMA file—including the applicant’s submissions and the phone log—for indications of problems. For instance, if an applicant submitted contractor estimates, FEMA may have attempted to call the contractors with additional questions, but was unable to reach the contractors or did not find them credible. In that case, the applicant should submit documentation from other contractors.

 

Third, note that FEMA does not cover all disaster-related damage to a home; for instance, FEMA does not cover mold damage in the aftermath of a disaster. FEMA expects survivors to take immediate measures to prevent further damage to their homes.

 

Fourth, there may be hidden reasons for the decision. FEMA has been prohibited from denying homeowners assistance for a failure to maintain their properties, and so a statement that the property has no disaster damage may actually indicate that FEMA believes the damage was not caused by the disaster, but was pre-existing or caused by neglect. FEMA may also be using its calculation of the dollar amount needed for repairs, and concluding that because the estimated repair costs are low, the home is in fact habitable.

 

Finally, keep in mind that a truly uninhabitable home will likely cost far more to repair than FEMA provides, even if the appeal or reconsideration is successful. Applicants with homes deemed uninhabitable by FEMA often receive awards ranging from the hundreds of dollars to the low thousands, despite having tens of thousands of dollars in damage. If possible, advocates should assist survivors in seeking additional community resources to repair their homes, rather than focusing only on FEMA for solutions.

 

Q: FEMA provided money, but far too little to cover the actual damages. What do I do?

 

A: FEMA’s award calculations often result in amounts too low to actually complete repairs or replacement of damaged property. FEMA works based on tables of estimated costs: for instance, for home repairs, FEMA inspectors will plug the square footage of the damaged area into a program that produces a dollar amount calculation. For this reason, it is not unusual for a home to be deemed uninhabitable, but for FEMA to provide funding in the hundreds or low thousands of dollars for repairs, even if actual contractors would charge tens of thousands of dollars for the job. For personal property such as furniture and appliances, FEMA operates based on set dollar amounts that represent yard sale values rather than new values of these items.

 

While applicants can appeal award amounts, this is typically most successful if damaged items or components were left off the original calculation. Because FEMA has set amounts it pays for set types of damage, an appeal based only on showing that contractor estimates are far higher than FEMA’s estimate is unlikely to succeed. Instead, it is important to emphasize to survivors that FEMA funding is only intended to tide survivors over in the immediate emergency, and to connect survivors to community resources or other agencies to achieve full recovery.

 

Q: FEMA denied assistance for home repairs due to “ownership not proven.” What do I do?

 

A: If the reason for the denial is not evident, FEMA representatives may be able to provide additional guidance regarding what information FEMA is seeking. In general, FEMA is fairly liberal with the documents it will accept to prove ownership, including proof that the applicant’s name is on the property taxes for the home, and in some circumstances, a sworn statement regarding ownership. These rules are designed to allow all owners, including those who inherited a home and may struggle to prove title, to receive FEMA assistance.

 

Q: Does it matter whether an applicant has homeowner’s insurance?

 

A: Both insured and uninsured survivors can apply to FEMA for home repair assistance. If the applicant has homeowner’s insurance, then the applicant must file a claim with their homeowner’s insurance first, and FEMA will only cover damage not covered by the insurance. For example, if the insurance payout is too low to fund all repairs, or if the insurance does not cover the specific type of damage received (such as flooding), FEMA may be able to assist. A homeowner without insurance need only attest that there was no insurance on the home at the time of the disaster.

Homeowners whose insurance is delayed can also apply to FEMA for an advance, though the homeowner will need to repay FEMA once the insurance funds are released.

 

Q: Does it matter whether an applicant had flood insurance?

 

A: The same rules applicable to regular homeowners insurance also apply to flood insurance. In addition, anyone required to maintain flood insurance on their home will be ineligible to receive FEMA or other federal funding if they did not have flood insurance in place at the time of the disaster. This applies even if the homeowner can prove that they had no knowledge of the flood insurance requirement. A homeowner may have a cause of action against a seller who failed to notify them of the requirement at the time of sale.

 

Temporary Housing or Rental Assistance

FEMA funds and administers the Temporary Housing program, which is designed to provide disaster applicants with either a grant or a physical Temporary Housing Unit (THU), which may be a mobile home or travel trailer, for their immediate housing needs. The Temporary Housing Program is available to both renters and homeowners. For an applicant to be eligible for either type of assistance, FEMA must determine that their home is uninhabitable.

  1. Rental Assistance– A grant for rental or temporary housing may include:
    1. Reimbursement after a short-term hotel or other temporary shelter.
      1. For reimbursement, an applicant will need to keep receipts to submit to FEMA
      2. FEMA will pay the average nightly rate, even if an applicant paid more
  • Food, transportation, telephone, separately billed utilities and other services are not eligible for reimbursement
  1. Payments made directly by FEMA to an applicant so they may seek longer-term rental housing.
    1. Eligible applications will receive financial assistance to rent a dwelling for the pre-disaster household to live for up to 18 months based on need (FEMA may provide a list of available rental properties as well).
    2. Assistance begins with two months’ rent, one of which may be used for a security deposit
    3. Applicants must be able to provide a copy of their lease in order to request continuing assistance past the initial two months. Even if an applicant has moved in with family or friends, they need a written agreement.
  • Applicants must also show the ongoing need for rental assistance (home damage, hardship, etc.)
  • Typically, funding will end 18 months after the declared disaster, if not before
  1. Temporary Housing Unit– A mobile home provided by FEMA until more permanent housing is secured.
    1. THU will typically be placed on the applicant’s property but is sometimes located elsewhere.
    2. Applicant must demonstrate ongoing need for the THU and will need to document efforts to identify and secure more permanent housing.
    3. If an applicant fails to provide adequate documentation of their efforts to identify and secure more permanent housing, they may be given notice to move out and will incur fees if they fail to vacate.
    4. Typically, the use of a THU ends 18 months after the declared disaster. However, if an applicant still has not identified more permanent housing, FEMA may charge the Fair Market Rate rent for the size of the THU. If this occurs, an applicant may appeal the amount of rent assessed.

Other Needs Assistance (ONA)

The two types of Other Needs Assistance, “dependent” and “non-dependent”, have two different sets of factors that contribute to one’s eligibility for Other Needs Assistance benefits.

  1. Dependent” criteria: only individuals or households whose income is below a certain amount and do not qualify for an SBA loan may be eligible for vehicle and/or personal property assistance.
    1. Vehicle assistance– Repairing or replacing vehicles damaged by a disaster and other transportation-related costs. Just as with home repair assistance, you must file a claim with your car insurance company first. Other requirements:
      1. Vehicle owned or leased by applicant
      2. Damaged or destroyed by disaster
  • Registered and insured
  1. Losses not covered by insurance
  2. Applicant does not own an alternative, operational vehicle
  1. Personal property
    1. Inspectors will view damaged furniture, etc., on initial visit to home
    2. If applicant denied or seeking additional funds, typically must show documentation of damage and cost to repair or replace items
  • As with home repair, should not expect to receive actual cost of replacing household contents
  1. Non-Dependent” criteria: individuals and households may be awarded the following types of assistance regardless of whether they are eligible for an SBA disaster loan.
    1. Funeral Assistance- assists with funeral costs for those whose deaths were caused by a disaster. Applicants need to provide a death certificate as well as documentation of the funeral expenses. If the deceased did not die during the declared disaster (e.g. drowning in flood waters) then an applicant may need to get a letter from the treating physician providing an explanation for how the death was related to the declared disaster.
    2. Medical and Dental Assistance- assisting with medical or dental expenses caused by a disaster. Includes but not limited to injury, illness, loss of prescription medication or equipment, or insurance co-payments. The applicant will need to provide documentation of expenses and any letters of support from the treating physician.
    3. Child Care Assistance- a one-time payment which covers up to 8 weeks total of childcare expenses if the child is age 13 and under (or 14-18 if disabled as defined by law).
    4. Miscellaneous or Other Items Assistance- reimbursement for those affected by a disaster for eligible items purchased or rented for the recovery process. An example of an eligible item would be a generator purchased to maintain electricity because of a medical condition (i.e. respirator, etc.). Applicant needs to document the need and the expense. Again, food costs are not covered by FEMA.

Disaster Unemployment Assistance (DUA) – DUA provides unemployment benefits and re-employment services to people who are otherwise ineligible for regular state unemployment compensation and who have become unemployed because of federally-declared disasters. DUA is funded 100% by FEMA.

  1. Benefits begin with the date the individual was unemployed due to the disaster incident and can extend up to 26 weeks after the presidential declaration date.
  2. These benefits are available only to individuals not covered by other unemployment compensation programs, and may continue after other unemployment benefits have expired. Benefits include workers not otherwise covered because they were self-employed, are unable to reach the job site due to the disaster, etc.
  3. Applicants should apply for regular state unemployment insurance first, and may be eligible for DUA once their regular employment runs out, or if found ineligible for regular unemployment benefits

What legal recourse is there if FEMA inappropriately denies my client?

An applicant may appeal any FEMA decision within 60 days of the date of the decision. FEMA does not limit the number of times an applicant may appeal but does stop considering appeals when all assistance ends (generally 18 months after the declared disaster). When appealing a decision, for the best chance of success, the applicant needs to submit new information for consideration. So, for example, if an applicant were appealing the amount of home repair assistance they received, they would need to submit an independent estimate for repairs of the remaining damages.

Unlike other types of federal programs, there is no mechanism to appeal to courts after exhausting the FEMA process as, from multiple court rulings, FEMA funds are not considered an entitlement program. However, these prior decisions are not binding in the 4th Circuit.

Use of FEMA funds and duplication of benefits

Under the Stafford Act, FEMA cannot provide financial assistance when any other source, such as insurance, has provided financial assistance for the same disaster-caused need or when such assistance is available from another source. For example, FEMA cannot pay for home repairs if the homeowner already is receiving sufficient funds from his or her insurance company for the same repairs.

Often, applicants will be initially denied FEMA assistance if there is evidence that they are insured. Therefore, insured applicants must provide documentation to FEMA that identifies their insurance settlements or benefits before FEMA will consider their eligibility for categories of assistance that may be covered by insurance. If an applicant’s insurance claim is denied, this documentation must also be provided.

While FEMA cannot provide financial assistance for disaster-caused needs covered by insurance benefits, FEMA may provide financial assistance to help meet an applicant’s immediate needs when their insurance benefits are delayed for 30 days or more through no fault of their own. Any advance provided by FEMA must be paid back when insurance funds are received.

FEMA provides money by check or direct deposit. When an applicant receives financial assistance for multiple needs, it will often come in a lump sum that arrives before the letter explaining what it must be used for. This can be confusing to applicants, particularly if funding for multiple problems is provided in a single payment. For example, if an applicant received $3,000 for home repairs, $1,000 for temporary rental assistance, and $500 for personal property, they could receive $4,500 as a lump sum and would need to refer to the FEMA letter to see how the money must be spent.

FEMA may later review individual cases to ensure that funds were properly spent, so it is important to spend funding only for its intended purpose, and document all spending. Funds that cannot be used for their intended purpose should be returned to FEMA.

**Recipients should keep receipts for at least three years to document appropriate use of the funds. Recipients should take pictures of receipts and store them on an email account or some other location safe from loss or destruction. Leaving pictures on a cell phone is not ideal unless storage is in the cloud as people may lose or replace phones and lose their pictures.**

The Stafford Act also applies to other federal government funding, so applicants later seeking CDBG-DR grants or other federal funding (such as FEMA’s Hazard Mitigation Grant Program) for home repair will be expected to account for or repay previous FEMA home repair assistance if they cannot show it monies were spent towards their intended purpose. Therefore, anyone receiving FEMA assistance should keep records proving how the money was spent until all disaster-related damage has been repaired, even if this takes more than three years.

Recoupment

FEMA has three years after providing funding to demand the funding back, if FEMA determines financial assistance was used improperly, there was a duplication of benefits, funds were obtained by fraud, or assistance was provided in error. This process is called recoupment.

In recoupment, a recipient of FEMA funds will receive a Notice of Debt letter, which is FEMA’s version of a debt collection notice. This letter will come directly from FEMA and will state how much is owed and the reason FEMA thinks the individual owes this amount. The recipient has 60 days from the date of the notice to file an appeal in writing and request a hearing. FEMA will schedule an oral hearing when it determines that the question of the debt cannot be resolved solely by review of the paper file, for example, when the validity of the debt turns on an issue of credibility or veracity. The hearing is an opportunity for the individual to present relevant evidence (e.g., testimony or additional documents) to support their claim. The recipient has the burden of proof. A timely appeal will pause any collection efforts while the appeal is pending. Appeals may be received after 60 days but will not stop any collection efforts while the appeal is being processed.

If a recipient does not have the necessary documentation or proof to adequately defend against the recoupment, they may seek a waiver of the debt under a hardship defense.

Alternatives to FEMA

Charitable Assistance

  1. National Voluntary Organizations Active in Disaster (“VOAD”)- an association of organizations that mitigate and alleviate the impact of disasters, provides a forum promoting cooperation, communication, coordination and collaboration; and fosters more effective delivery of services to communities affected by disaster. nvoad.org
  2. Long-Term Recovery Group (“LTRG”)- These groups work with the North Carolina VOAD structure at a local level. They are usually formed in the wake of a disaster with the immediate goal of meeting unmet needs to get residents back to near-normal situations. These needs include home repair and rebuild, provision of furniture and appliances, as well as financial and legal advice and counsel. https://www.ncvoad.org/coads-ltrgs/
  3. Other local organizations- often local churches and other organizations will also offer assistance directly after disaster. Calling the County Emergency Management Agency, 2-1-1, or United Way may be helpful to locate these groups outside of the VOADs and LTRGs.

CDBG-DR funds- after a federally declared disaster where Individual Assistance has been granted by Presidential Order, Congress may allocate Community Development Block Grant-Disaster Relief (“CDBG-DR”) funds for those areas most affected by the natural disaster as a funding or last resort for damages still remaining after all other available assistance has been utilized. These funds are administered by the state and, currently, in North Carolina are administered by the North Carolina Office of Recovery and Resiliency (“NCORR”) through the ReBuild NC Program. There are several eligibility requirements but, most importantly, an applicant to this program must be able to show that they have exhausted all other resources and still have a remaining need. The law against Duplication of Benefits also applies to these funds, and an applicant must show that they used previous assistance appropriately.

 

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