implementing the PK Act have not been issued. FEMA administrative guidance and orders are also not currently available online.
Because of the lack of transparency in FEMA policies, procedures, and internal
administrative guidelines, applicants often need significant assistance to obtain the appropriate level of funding. The basis for a FEMA decision is often completely unclear and FEMA does not respond to requests for written explanations of their decisions. As the Court of Appeals for the Fifth Circuit noted:
FEMA could measurably improve the navigability of its processes by providing applicants with more understandable explanations of its ineligibility determinations. Until a disappointed applicant is informed of the reasons that FEMA believes him to be ineligible for assistance, including the factual basis underlying that decision, he simply has no way to “test the veracity of the agency’s findings against him.”
Ridgely v. FEMA, 512 F.3d 727, 741 (5th Cir. 2008) (quoting Billington v. Underwood, 613 F.2d 91, 94 (5th Cir. 1980)).
For instance, review of the Stafford Act, its implementing regulations, the PK
Act, and FEMA’s website does not indicate that mold remediation is not an expense eligible for funding. Common understandings would, of course, include mold remediation as part of home repair after a flood. But customer service representatives and FEMA officials uniformly state that mold remediation is not an eligible home repair expense. When questioned, they are unable to point to any authority for their statement. Similarly, although it is likely that FEMA uses standard values for certain types of repair, the agency opts to not publish those standards. Further, many FEMA representatives appear to be unfamiliar with many of the changes generated by the PK Act, providing applicants with incorrect information. For this reason, rather than rely on the information provided by FEMA representatives, advocates should have an understanding of what services and/or funding their clients may be eligible to receive, and go to the statutes and regulations as necessary.
The Registration and Application Process Anyone within a county or locality within the disaster declaration area should
apply for FEMA assistance immediately. The FEMA registration period is 60 days following the date the President declares an incident a major disaster or an emergency. (FEMA may, at its discretion, extend the application deadline if the State requests more time to collect registrations). It is prudent for everyone to register, even if they are not immediately aware of disaster-related losses. In the event that damages become apparent months later, the applicant who has timely registered with FEMA will still be able to support proof of loss to the agency in an appeal for funding. Conversely, an individual or household that never registered will be unable to do so.
There are three ways to register for FEMA assistance: 5
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