DISASTER LEGAL ASSISTANCE AN OVERVIEW FOR LEGAL AID PRACTITIONERS 2007 Prepared for the Florida Bar Foundation By Terry A. Coble, Esq.

Handling Catastrophic Disasters Disaster  large number of problems Legal aid program problems –Office & equipment damage –Staff issues – immediate & longer-term Client problems –Old problems – in far greater numbers –New disaster-related problems

Delivering Legal Services After A Disaster I will discuss: Planning for disasters Stages in disaster recovery Setting up a disaster legal aid project The federal disaster relief management system, and Disaster benefits under the Stafford Act

PLANNING FOR DISASTERS

Planning for Disasters Administrative Planning Advocacy Planning −Assisting clients to prepare −Coordination with other organizations −Community surveys −Client outreach plan

Assisting Clients to Prepare Legal Preparedness Disaster Kit –ID’s –Legal Papers –Titles –Digital photos State and local Evacuation Planning –Get Involved!

Coordination with Other Organizations State and Local Emergency Management FIND Network Bordering LS Offices YLD Local Bar Association MOU’s

Community Surveys Affordable Housing Survey LEP Survey –Asian languages –Eastern European languages

Outreach Plan Flyers Churches Voluntary Agency Networks Popular Radio/TV Shows Local Newspapers

STAGES IN DISASTER RECOVERY

When Disaster Strikes Immediate Concerns –How disaster has affected LS office staff, equipment and offices –How disaster has affected LS clients

Assessing the Impact on Your Program Files, office equipment and office itself must be salvaged Staff themselves may be disaster victims & will need to address their personal needs first

Assessing the Impact on Your Clients Assess the need for immediate assistance Assess the type of permanent impact on the client community If major impact is to housing: –Immediate need is disaster housing assistance –Long term need is affordable housing If major impact is on jobs: –Immediate need is for disaster UC benefits –Long term need is for economic redevelopment

Ensuring Your County Is Part of the Disaster Declaration Obtain copy of Governor’s Disaster Application Is your County listed as needing federal disaster assistance? Contact County officials and volunteer to help them –Document need & –Transmit info to Governor’s office

DISASTER RECOVERY

Three Phases of Disaster Recovery Immediate response phase –Information gathering –Advocating for immediate assistance –Getting information out to client community Individual representation phase –Representing people in disaster assistance claims –Representing people with disaster related legal problems –Advocating for extensions in disaster application deadlines Long term advocacy phase –Ensure rebuilding includes affordable housing –Ensure economic redevelopment results in jobs for clients

Immediate Response Phase Dealing with Chaos Hard to get places –Destruction of roads, bridges & automobiles –Lack of public transportation Hard to get information out –Damage to radio & TV stations –Destruction of client radios & TVs

Suggestions Get information to clients through flyers –Use churches & volunteer agency networks Rent, borrow or purchase cell phones, laptops and portable printers Establish temporary legal outreach intake offices Look for more permanent office space in the worst hit area(s)

Keep in Mind All program staff will need disaster training No additional paid staff during initial phase Coordination of program’s disaster effort Obtain support from other legal aid offices and law firms Plan for future additional staff Funding sources for additional staff, etc.

Individual Representation Phase Disaster assistance benefits –FEMA disaster benefits Housing Assistance Financial Assistance to Address Other Needs –Disaster Unemployment Assistance –SBA Loans Disaster related problems –Landlord/Tenant issues –Contractor disputes –Insurance issues Advocating for extensions of deadlines

Long-term Advocacy Phase Preserving, rebuilding and repairing affordable housing Rebuilding - bringing the jobs back

FEDERAL EMERGENCY MANAGEMENT SYSTEM An Overview

Declaration of Disaster Governed by Stafford Act 42 USC 5122 President declares at request of Governor If disaster is declared, possibility of full range of assistance

Designation of Types and Areas of Assistance Presidential declaration sets out –Disaster impacted area –Types of disaster assistance available Governor may request that –Additional types of assistance be provided –Additional areas be declared disaster areas

Role of Legal Services Office Help document disaster impact on low- income clients Provide information to county and/or state government If necessary, assist county governments to obtain inclusion in disaster declaration

Roles of FEMA, State, SBA & Voluntary Agencies –FEMA coordinates all assistance –FEMA coordinates emergency relief –Voluntary agencies provide Emergency relief Relief in situations not covered by federal & state aid –State administers Disaster Food Stamps Disaster Unemployment Assistance Disaster Crisis Counseling –FEMA administers Disaster Housing Assistance Financial Assistance to Address Other Needs –SBA administers Disaster Loan program

FEMA Administrators Federal Coordinating Officer (FCO) coordinates all relief activities – appointed by President Disaster Recovery Manager (DRM) performs assigned tasks FCO & DRM can be same person

State Administrators State Coordinating Officer (SCO) coordinates state & local relief activities with FEMA – appointed by Governor Governor’s Authorized Representative (GAR) administers federal disaster assistance programs on behalf of state and local governments SCO & GAR can be same person

Disaster Field Office and Recovery Centers Disaster Field Office (DFO) –Local headquarters for FEMA –Houses SBA & state agencies –DFO is generally office to contact to Advocate for clients Regarding systems issues Disaster Recovery Centers (DRC’s) –House telephones to apply for disaster benefits (FEMA, DUA, etc.) –Only in existence during application period –May be moved as determined by FCO

Disaster Assistance Application Process Initial interview by FEMA via telephone Application mailed to applicant, who must sign it Applicant referred to other programs such as SBA loan program Disaster dwelling inspected by FEMA

Home Inspections FEMA must inspect the homes of all applicants to determine: –If the home can be lived in –The extent of damage to personal property The application & inspection report are the only documents FEMA uses to make determinations of eligibility

Disaster Assistance Application Deadlines Generally, must apply within 60 days of Declaration Exceptions –Disaster UC must be applied for within 30 days –SBA Disaster Loan deadline is in disaster declaration –Disaster Food Stamps deadline as established by USDA All application deadlines may be extended by FEMA –Should be requested by the Governor’s Authorized Representative –Extensions must be approved by the FEMA Regional Director or DRM

SETTING UP A LEGAL AID DISASTER PROJECT

Setting Up A Legal Aid Disaster Project Three focus areas –Gathering information and getting to know the players –Advocating ASAP for emergency and other programs that benefit low-income people –Ensuring information & services are provided to low-income people

Basic Information FLS will obtain: Name & contact information for: FCO & DRM SCO & GAR Coordinating lawyer for YLD of ABA State officials responsible for Disaster Food Stamps & Disaster UC Copy of the declaration of disaster & any amendments The local legal aid programs will obtain: Name & contact information for: Local DCF officials responsible for Disaster Food Stamps & Disaster Crisis Counseling Local AWI official responsible for Disaster UC Local public housing official overseeing disaster response re: public housing

Information in the Declaration of Disaster Incident period - losses must be sustained during incident period Types of assistance provided Geographical area of disaster

Information to Gather from Community Whether grocery & convenience stores closed How long electricity interrupted & in what areas Automobile destruction & passability of roads Whether newspapers delivered and radio & TV stations broadcasting Destruction/damage to low-income housing Destruction/damage to large employers

Information to Obtain from Officials Types of discretionary benefits provided, e.g., Disaster Food Stamps, Section 8 vouchers Eligibility criteria for discretionary programs Deadlines for applying for discretionary programs How benefits will be publicized Where people can apply How benefits will be distributed

Advocating for Programs Immediate Issues: Disaster Food Stamps Extension of Disaster UC benefits application deadline (30 days) Additional programs: Mobile home program –Work with FLS to advocate through Governor’s office –Intervention by federal legislator(s) may help

Ensuring Low-Income People Get Information DRC’s –Contact FEMA DRC Coordinator & visit DRC’s –Location of DRC’s should be accessible to low- income people –Language issues (number & training/skills of FEMA translators) Is FEMA publicity likely to reach low-income people? Look at publicity to ensure it addresses the needs of low-income people

Getting the Word Out Legal aid offices should also get the word out using: –Public service announcements –Flyers with application deadlines, types of programs, etc. –Info re: Mobile home program –Pamphlets & FAQ’s –Disseminate at shelters, mass feeding sites, DRC’s, via community & volunteer agencies & churches –Use volunteers

DISASTER BENEFITS

Outline Of Disaster Benefits Disaster Food Stamps Disaster Unemployment Compensation FEMA Disaster Benefits –Disaster Housing Assistance Section 403 – Public Assistance Section 408 – Individual Assistance –Financial Assistance to Address Other Needs SBA Disaster Home Loans

Food Stamps Three kinds of food stamps after disaster: –Expedited – when individual or family is destitute –Replacement – for participants in FS program, when their food is destroyed –Disaster Food Stamps – for disaster victims – eligibility criteria developed for each disaster

Food Stamp Advocacy Need to advocate for replacement and disaster Food Stamps –Local legal aid program will obtain background information to support issuance –FLS will contact USDA –Local legal aid program will work with local DCF agency –Look at publicity and distribution plan to ensure low-income people will benefit

Disaster Unemployment Assistance (DUA) Eligibility - Anyone unemployed as a result of the disaster who is not eligible for ordinary UC Examples: –Lost a job (even if had not started) –Cannot get a job –Cannot work because of disaster injury –Applicant has become family breadwinner because head of household died during disaster Limited to 26 weeks following declaration Must file application within 30 days of disaster

DUA Advocacy Issues 30-day application deadline can & should be extended Look at publicity to ensure low- income people will know about this benefit Handout re: temporary employment in evacuation area

FEMA Disaster Benefits Disaster Housing Assistance Financial Assistance to Address Other Needs

Disaster Housing Assistance Types of Benefits Section 403 paid stay in hotel – after Hurricanes Katrina & Wilma Cash rental assistance – until Katrina, most frequently provided Mobile homes – must advocate for them Home repair ($5,600 maximum) Home replacement ($11,300 maximum)

Disaster Housing Assistance Eligibility Home destroyed, rendered uninhabitable, or made inaccessible Need for housing not covered by insurance Not required to apply for SBA loan –42 U.S.C. §5174(a)(2) –McWaters v. FEMA (E.D.LA., June 16, 2006)

Disaster Housing Assistance Due Process Rights Two federal district courts have held: –Disaster victims have a property interest in Disaster Housing Assistance  –If FEMA finds disaster victim eligible, right to continued benefits protected by due process McWaters v. FEMA (E.D.LA, 2006) ACORN v. FEMA (D.D.C., 2006) (under appeal) ACORN court held FEMA denial notices constitutionally inadequate

Disaster Housing Assistance Other New Cases Constitutional challenge to FEMA procedures for recoupment of benefits –Ridgely v. FEMA (E.D.LA, filed 2007) FEMA required to provide handicapped accessible mobile homes –Brou v. FEMA (E.D. LA, 2006 settlement)

Financial Assistance to Address Other Needs (ONA) Needs Covered –Medical & dental expenses –Funeral expenses –Repair or replacement of certain personal property –Transportation –Other expenses

ONA - Eligibility & Maximum Benefits Eligibility –Incurred disaster related serious need –Not eligible for SBA loan or SBA loan won’t cover –Not covered by insurance or insurance unduly delayed Limitations on assistance –Total amount of FEMA Assistance cannot exceed $28,200

SBA Disaster Home Loans Relation to ONA Grant To qualify for Other Needs FEMA grant –Applicant must either be determined ineligible for SBA loan by FEMA, or –Applicant must fill out SBA application & either Be found ineligible for loan by SBA, or Show that has additional needs not covered by SBA loan

SBA Disaster Home Loans Application Process Administered by SBA FEMA screens disaster applicants to determine if they have the ability to repay a loan If FEMA determines ineligible for loan, person is considered for Other Needs FEMA grant If FEMA does not determine ineligible for loan, file referred to SBA for SBA determination of eligibility

SBA Disaster Home Loans Eligibility Person must have disaster related need, and Have the ability to repay an SBA loan

SBA Disaster Home Loans Limitations and Terms $40,000 limit on repair/replacement of personal property $200,000 limit on repair or replacement of residence No collateral required for loans less than $10,000 Up to 30 years to repay Lower interest rates for people who cannot obtain credit elsewhere