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FEMA
What is FEMA?
FEMA is the “Federal Emergency Management Agency,” which steps in to manage and coordinate many government assistance programs after the president declares a federal disaster area. When the president declares a “major disaster” in the United States or its territories, federal assistance is made available, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (“Stafford Act”), 42 U.S.C. § 5121 et seq., to supplement the efforts and resources of state and local governments and voluntary relief organizations. FEMA is the federal agency (a part of the U.S. Department of Homeland Security) that is responsible for coordinating federal disaster relief and assistance.
On October 23, 2007, President Bush declared Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura Counties federal disaster areas.
What does FEMA do?
FEMA is the starting point for the Disaster Housing Assistance Program (which includes the Housing Assistance and Home Repair Assistance programs), special loans from the Small Business Administration or the Farm Service Agency, special grants from the Cora Brown Fund, or assistance from many other government-run organizations, including those under the umbrella of the Other Needs Assistance (“ONA”) Program. FEMA also sponsors crisis counseling; disaster legal services; income tax assistance for filing casualty losses; advisory assistance for veteran’s benefits and Social Security matters; and disaster unemployment assistance. At FEMA's local assistance and disaster recovery centers, you can talk directly to representatives of state and volunteer agencies and get help with insurance questions.
What types of disaster assistance does FEMA administer and coordinate?
The Individuals and Households Program (“IHP”) is a FEMA program providing a range of services to persons in a declared disaster area. The IHP program provides money and services to disaster-affected persons whose property has been damaged or destroyed and whose losses are not covered by insurance.
There are several different types of assistance, including various forms of housing assistance:
- Temporary Housing: Eligible applicants can receive money to rent a different place to live, or a government-provided housing unit when rental properties are not available.
- Repair: Eligible homeowner applicants can receive money to repair damage from the disaster to their primary residence that is not covered by insurance. The goal is to make the damaged home safe, sanitary, and functional.
- Housing Replacement: Eligible homeowner applicants can receive money to replace their homes destroyed in the disaster that are not covered by insurance. The goal is to help the homeowner with the cost of replacing the destroyed home.
- Housing Construction: In unusual situations where no other housing is available, homeowners and renters can receive assistance for construction of a new home. This type of help is provided only in insular areas or remote locations specified by FEMA.
- Other Needs Assistance (“ONA”): Eligible applicants can receive money to cover necessary expenses and serious needs that cannot be met through other forms of disaster assistance. This assistance may cover repairing/rebuilding personal property, clothing, household items, educational material, and transportation, medical, dental, and funeral expenses incurred by disaster victims.
- Cora Brown Fund: This fund is used for disaster victims who have exhausted all other avenues of assistance but still have unmet needs.
- Disaster Unemployment Assistance (“DUA”): This program provides unemployment benefits and re-employment services to individuals who have become unemployed because of major disasters. Benefits can extend up to 26 weeks after the date of the declaration of disaster or until the applicant is reemployed, whichever is earlier. You must register with California’s Employment Development Department (at https://eapply4ui.edd.ca.gov, (800) 300-5616 or (800) 815-9387 (TTY)) to receive DUA benefits.
- Small Business Administration (“SBA”) Loans: As discussed in the “SBA: Process & Procedure” section of this handbook, the SBA provides low-interest, long-term loans for individuals to repair/replace real or personal property, and for non-farm businesses. If the SBA determines the applicant is ineligible for an SBA loan, the SBA may refer the applicant to FEMA for additional consideration.
Do I have to repay FEMA for any disaster assistance?
IHP grants do not need to be repaid, but SBA loans must be repaid.
Am I eligible for assistance from FEMA?
If you experienced a loss in one of the seven counties on or after October 21, 2007 as a result of the Southern California Wildfires, you may be eligible for assistance through FEMA. You should register with FEMA as quickly as possible. The various programs that FEMA coordinates have different eligibility criteria, and usually you only can receive assistance under one housing program at a time. FEMA will determine your eligibility for the various programs after you register.
To be eligible for Housing Assistance, all of the following must be true:
- you have losses in an area that has been declared a disaster by the president;
- you have filed for insurance benefits and the damage to your property is not covered by your insurance or your insurance settlement is insufficient to meet your losses;
- you or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien;
- the home in the disaster area is where you usually live and where you were living at the time of the disaster;
- you are not able to live in your home now, you cannot get to your home due to the disaster, or your home requires repairs because of damage from the disaster; and
- you do not have other, adequate rent-free housing you can use (for example, a vacation home or unused rental property).
To be eligible for Other Needs Assistance, all of the following must be true:
- you have losses in an area that has been declared a disaster area by the president;
- you have filed for insurance benefits and the damage to your property is not covered by your insurance or your insurance settlement is insufficient to meet your losses;
- you or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien;
- you have necessary expenses or serious needs because of the disaster; and
- you have accepted assistance from all other sources for which you are eligible, such as insurance proceeds or Small Business Administration disaster loans.
To receive money for repairs or help with housing needs, do I first need to file a claim under any insurance policy I may have?
Yes. In order to receive money or help with housing needs, you must have filed for insurance benefits (if you have insurance) and the damage to your property must not be covered by insurance. You must provide FEMA with a copy of your insurance company’s decision letter to obtain assistance.
If a decision on your insurance settlement has been delayed longer than 30 days from the time you filed the claim, you may be eligible for an insurance advancement from FEMA. These funds are considered a loan and must be repaid to FEMA once you receive your settlement from your insurance company.
How do I register with FEMA?
The easiest way to register with FEMA is to call (800) 621-FEMA (3362). For the speech- or hearing-impaired, call TTY: (800) 462-7585. The toll-free telephone numbers are available 24 hours a day, Monday through Sunday, until further notice. Be prepared to give the FEMA representative the following information:
- your Social Security number;
- current and pre-disaster address;
- a telephone number where you can be contacted;
- insurance information;
- total household annual income;
- a routing and account number from your bank (only necessary if you want to have disaster assistance funds transferred directly into your bank account; you may be able to find your bank routing number online at www.fededirectory.frb.org/search.cfm); and
- a description of your losses that were caused by the disaster.
You can also register online at www.disasteraid.fema.gov or at one of FEMA's local assistance centers or disaster recovery centers. For information on locations of these centers, see the “Local Assistance & Disaster Recovery Centers” section of this handbook.
How will FEMA process my request for help?
At the time of registration, you will be given a FEMA Application Number. This number is very important for referencing your case, so please keep it handy. It is also a good idea to keep the name of the person who registered you, in case any problem with your paperwork arises.
FEMA may then refer you to the SBA, which offers special loans to disaster victims. (It does not matter whether you own a small business or not.) If you are referred to the SBA, YOU MUST COMPLETE AND SEND IN YOUR SBA LOAN APPLICATION, EVEN IF YOU DO NOT THINK YOU WILL QUALIFY FOR A LOAN. The SBA serves as a gatekeeper to other government-run programs. Unless you send in your application and fail to qualify for an SBA loan (or a large enough loan to meet your needs), your application will not be passed on to the ONA Programs, and you may not be eligible for additional assistance from other programs.
If you have requested help from FEMA because of damage to your home, FEMA will send an inspector to look at the damage. THE FEMA INSPECTION IS FREE. Do not let anyone charge you for an “inspection service.” Request ID from the inspector and a copy of his or her inspection report.
You do not need to wait until the inspection to begin cleaning and repairing the property, but you should document the damage by taking pictures. (Video is good, too!) If possible, save damaged items.
You should be prepared to meet with the inspector on short notice. If you cannot be present, you may designate someone (over the age of 18) to meet the inspector on your behalf. You may be asked to sign a form authorizing this individual to meet the inspector. If you or your representative are not available for the inspection, your application may be withdrawn.
Be prepared to supply the inspector with several pieces of information:
- valid identification;
- proof of home ownership or tenancy;
- proof of damages to your primary residence;
- receipts for expenses you have incurred because of the fires; and
- photos of your property before you began repairs.
Proof of home ownership can include the following documents:
- deed or official record, which may be the original deed or deed of trust to the property listing you as the legal owner;
- tax receipts or a property tax bill showing the damaged dwelling and listing you as the responsible party for the assessments;
- mortgage payment book or other mortgage documents (i.e., late payment notice, foreclosure notice), where your name is listed along with the damaged dwelling address; or
- real property insurance for the damaged dwelling the applicant is occupying, with your name listed as the insured.
Ownership can also be researched by the Inspector or applicant on public websites, for example, a County property tax website.
Proof of tenancy can include the following documents:
- current driver's license showing the address of the damaged dwelling;
- utility bill sent to the damaged dwelling the applicant is occupying with his or her name (or name of co-applicant). The utility bill should be for one of the major utilities, such as electricity, gas, or water; or
- first-class government mail sent to you within the last 3 months at that address.
You will also need to sign the disaster application and a declaration that you are a citizen, a national, a resident alien, or otherwise lawfully present in the U.S. See the Immigration section of this handbook for further discussion of these issues.
The FEMA inspector will complete a report and transmit it to FEMA's National Processing Servicing Center (NPSC). The NPSC will review the information and decide whether you qualify for assistance. (In the interim, the NPSC may ask you for additional records, such as insurance papers, a copy of title, pay stubs, or repair estimates.) FEMA will mail you a notice of its decision.
Are there any application deadlines of which I need to be aware?
Yes; there are important application deadlines that you must meet (unless specifically extended by FEMA), each of which is calculated from the date (October 23, 2007) the president declared the seven counties as disaster areas, as follows:
- Housing Assistance: December 21, 2007
- Home Repair Assistance: December 21, 2007
- ONA programs: December 21, 2007
- Disaster Unemployment Assistance: November 21, 2007
Can FEMA extend the registration deadline?
Yes. In addition, FEMA is authorized to accept late registrations for an additional 60 days beyond the standard registration period. FEMA rules require suitable documentation of the reasons for the delay, however.
How long does it take to get help from FEMA?
If you have damage to your home or its contents and you are uninsured, or you have suffered damage that is not covered by insurance, a FEMA inspector should contact you within 14 days of applying to set up an appointment to assess your damage.
Typically, within about 10 days after the inspection, if FEMA determines that you qualify for help, you will receive a direct deposit to your bank account or a check in the mail. If FEMA denies your application, you will receive a letter explaining why you were turned down and will be given a chance to appeal the decision. If you were referred to the SBA, you will receive an SBA application, which you must fill out and return in order to be considered for a loan, as well as other types of assistance. If the SBA approves you for a loan, they will contact you. If the SBA finds that you cannot afford a loan, they will automatically refer you to FEMA’s Individuals and Households Program for help and FEMA will contact you.
If I am denied assistance by FEMA, how long do I have to appeal that decision?
Appeals from FEMA’s decisions regarding the Rental Assistance, Mortgage and Rental Assistance, and Home Repair Assistance programs are due within 60 days of the date on FEMA’s notice of decision.
If I have questions about my application or need to change some of the information provided, what should I do?
Call the FEMA Disaster Helpline at (800) 621-FEMA (3362) (hearing/speech impaired only: (800) 462-7585).
If it has been more than 12 days since the FEMA inspector's visit and there has been no word from FEMA, what should the applicant do?
Call the FEMA Disaster Helpline at (800) 621-FEMA (3362) (hearing/speech impaired only: (800) 462-7585) to ask about your application. You may also inquire at a Disaster Recovery Center about your application.