Disaster Housing Programs - By Noah Patton, Housing Policy Analyst, 2022 ...

 
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Disaster Housing Programs
By Noah Patton, Housing Policy Analyst,               systemic federal natural disaster assistance
NLIHC                                                 for state and local governments. Congress’

F
                                                      intention was to encourage states and localities
      EMA leads the federal government’s efforts to   to develop comprehensive disaster preparedness
      prepare for potential disasters and to manage   plans, prepare for better intergovernmental
      the federal response and recovery efforts       coordination in the face of a disaster, encourage
following any disaster that overwhelms local and      the use of insurance coverage, and provide
state authorities. FEMA provides immediate, direct    federal assistance for disaster-related losses.
financial and physical assistance to those affected
by disasters and is responsible for coordinating      President George W. Bush signed the “Post-
government-wide relief efforts.                       Katrina Emergency Reform Act” on October 4,
                                                      2006. The act significantly reorganized FEMA and
HISTORY                                               provided substantial new authority to remedy
                                                      gaps that became apparent in the response to
Until the 1930s, ad hoc legislation was passed
                                                      Hurricane Katrina in August 2005, including a
in response to hurricanes, earthquakes, floods,
                                                      more robust preparedness mission for FEMA.
and other natural disasters. When the federal
                                                      President Barack Obama signed the “Sandy
approach to disaster-related events became
                                                      Recovery Improvement Act (SRIA) of 2013”
popular, the Reconstruction Finance Corporation
                                                      on January 29, 2013. SRIA authorized several
was given authority to make disaster loans
                                                      significant changes to the way FEMA delivered
for repair and reconstruction of certain public
                                                      federal disaster assistance.
facilities following an earthquake, and later,
other types of disasters. However, a piecemeal        The “Disaster Recovery Reform Act,” (Public
approach to disaster assistance continued.            Law 115-254), amending the “Robert T. Stafford
The “Disaster Relief Act of 1974” firmly              Disaster Relief and Emergency Assistance Act,”
established the process of presidential disaster      was signed into law on October 5, 2018. The act
declarations. Finally, on April 1, 1979, President    further reforms FEMA, increasing the agency’s
Jimmy Carter signed Executive Order 12127,            pre-disaster planning process and its overall
merging many of the separate federal disaster-        efficiency after the destructive 2017 hurricane
related responsibilities into the newly created       and wildfire seasons. Notably, the act changes
FEMA. In 2003, FEMA became part of the new            the factors FEMA considers when advising a
Department of Homeland Security (DHS). Long-          president to issue a federal disaster declaration.
term recovery funding is also managed by HUD,         The agency will now consider a disaster-stricken
which administers several programs focused on         state’s ability to pay for its own recovery along
housing and economic recovery in areas struck         with damage reports and assessments.
by disasters.                                         During the COVID-19 pandemic, FEMA was not
The “Robert T. Stafford Disaster Relief and           initially called upon to coordinate the response.
Emergency Assistance Act” (Public Law 100-            Instead, the Center for Disease Control (CDC) and
707), amending the “Disaster Relief Act of            the Department of Health and Human Services
1974,” became law on November 23, 1988. It            (DHHS) were placed in charge of the response.
created the system still in place today through       This was done in accordance with pandemic-
which presidential disaster declaration of an         related policies established in the past decade. As
emergency triggers financial and physical             the scope of the pandemic became clear and CDC
assistance through FEMA. The act gives FEMA           and DHHS capabilities began to be overwhelmed,
responsibility for coordinating government-           FEMA was tasked with coordinating the federal
wide relief efforts and provides orderly and          response. You can find out more about FEMA’s

6–48    2022 ADVOCATES’ GUIDE
actions in the “Role of FEMA in COVID-19               otherwise inaccessible due to disaster damage.
Response” section of this guide.                       It is important to note that individuals who were
                                                       experiencing homelessness before a disaster are
FEDERAL PROGRAMS                                       not eligible for the majority of IHP programs.
FEMA                                                   Since at least 1995, FEMA’s title requirement
Along with other government agencies, FEMA             has barred many of the lowest-income survivors,
may provide disaster victims with low-interest         including owners of mobile homes and other
loans, veterans’ benefits, tax refunds, excise tax     low-income homeowners who may not have
relief, unemployment benefits, crisis counseling,      updated title documentation, from receiving the
and free legal assistance. These resources are         assistance for which they are eligible. After some
available once the president grants a governor’s       recent disasters, FEMA allowed survivors to use
request for Individual Assistance (IA) programs        a declaration form to prove ownership of their
as part of a major disaster declaration. FEMA          home in cases where updated title documents
determines whether to recommend that the               were inaccessible, but these forms were never
president approve IA by collecting Preliminary         officially provided to disaster survivors by FEMA.
Damage Assessments and looking at the                  Due to pressure from NLIHC and its partners,
response capability, demographic data, and             the agency recently expanded the list of eligible
economic indicators in disaster-affected areas.        documentation permitted to demonstrate that a
Disaster housing and community development             disaster survivor owns or occupies their home.
programs unique to FEMA include:                       Four types of housing assistance are available
Transitional Shelter Assistance (TSA). In              under IHP. The first three are:
recent, large-scale disasters, FEMA provided TSA       1. Temporary housing assistance, which
to cover the cost of staying in an approved hotel         includes:
or motel for an initial period of up to 14 days
                                                          –   Lodging Expense Reimbursement (LER).
(which may be extended in 14-day intervals for
                                                              Financial assistance to reimburse for
up to six months). TSA does not cover additional
                                                              hotels, motels, or other short-term
fees, such as resort fees, that hotels may include
                                                              lodging while an applicant is displaced
in the cost of a room. Some participants in the
                                                              from their primary residence. Funds are
program have been required to present credit
                                                              awarded for expenses incurred from the
cards before being provided access to rooms
                                                              start date of the disaster to seven days
in accordance with an individual hotel’s policy
                                                              following the disaster survivor’s approval
on incidentals. These costs and requirements
                                                              for rental assistance. While LER is similar
constitute major barriers to accessing temporary
                                                              in concept to the TSA program discussed
housing under this program. TSA is funded
                                                              above, program funding is only available
through the Public Assistance Program,
                                                              to reimburse disaster survivors for short-
discussed later in this article.
                                                              term lodging costs that already have been
The Individuals and Households Program                        paid. As a result, this program is often
(IHP). The Housing Assistance provision of the                inaccessible to disaster survivors with
IHP provides financial and direct assistance for              lower incomes, who have less of an ability
disaster-caused housing needs not covered by                  to pay such expenses up front.
insurance or provided by any other source. IHP            –   Rental Assistance. FEMA may provide for
Assistance lasts for 18 months, although the                  18 months of financial assistance to rent
impacted state may request an extension that                  temporary housing. The initial amount is
must be approved by FEMA personnel. To receive                based on the impacted area’s Fair Market
IHP housing funds, a disaster survivors’ home                 Rent (FMR) and covers rent plus utilities
must be shown at inspection to be uninhabitable               typically for two months, although it may
and require repairs to be made habitable or be

                                                     NATIONAL LOW INCOME HOUSING COALITION           6–49
also be used as a security deposit equal                    family rental properties and make
       to one month of FMR. Households may                         repairs to provide temporary housing.
       seek Continued Temporary Housing                        d. Permanent or Semi-Permanent
       Assistance when alternate housing is not                   Housing Construction, which allows
       available. Full rental assistance is available             home repair and/or construction
       or a period of 18 months. FEMA’s rental                    services to be provided in insular
       assistance program often is unworkable                     areas outside the continental U.S. and
       for low-income survivors because                           other locations where no alternative
       assistance is only provided in 2-month                     housing resources are available, and
       increments and the amount of assistance                    where other types of FEMA Housing
       may not be enough to secure housing.                       Assistance are unavailable, infeasible,
   –   Direct Temporary Housing Assistance.                       or not cost effective.
       FEMA may provide direct housing                  2. Home repair cash grants, available to
       assistance when disaster survivors are              homeowners for damage not covered by
       unable to use Rental Assistance due to              insurance. These grants are intended to
       a lack of available housing resources.              repair homes to safe, sanitary, or functional
       The program is open to renters whose                conditions. Grants are not intended to return
       primary residence was destroyed and to              the home to its pre-disaster condition.
       homeowners whose primary residence                  However, recent FEMA reforms now permit
       suffered damage above $12 per square                accessibility features needed due to a
       foot. Recipients of Direct Temporary                disaster-created disability, as well as some
       Housing Assistance are required to work             home strengthening measures to be added.
       with a case manager to access alternative
                                                        3. Home replacement cash grants, available
       permanent housing at the conclusion of
                                                           to homeowners to help replace a destroyed
       the program. Assistance is provided for
                                                           home that is not covered by insurance.
       up to 18 months unless extended at the
       request of the impacted government and           Other Needs Assistance (ONA): In addition
       approved by FEMA. Direct Temporary               to housing assistance, the IHP includes Other
       Housing Assistance is not counted toward         Needs Assistance (ONA), which provides financial
       the IHP maximum award amount and                 assistance for disaster-related necessary
       must be specifically requested by the            expenses. There are two categories of ONA: those
       impacted government. Direct Temporary            that do not require a household to have been
       Housing Assistance may include:                  denied a Small Business Administration (SBA)
       a. Direct Lease Program, which allows            loan, and those that do require such a denial.
          FEMA to lease directly with existing,         “Non-SBA dependent” types of ONA that may be
          non-damaged, rental properties for            awarded regardless of a household’s SBA status
          disaster survivors. In recent years,          include covering medical, dental, childcare, and
          Direct Lease Programs have been               funeral expenses. Also included in this category
          unable to serve many households               is Critical Needs Assistance, which provides up to
          because it has been challenging to            $500 to meet lifesaving or life-sustaining needs
          recruit landlords to participate.             such as water, food, first aid, prescriptions, infant
                                                        formula, diapers, consumable medical supplies
       b. Manufactured Housing Units provided
                                                        and durable medical equipment, and fuel for
          by FEMA and made available to use as
                                                        transportation. Assistance that depends on a
          temporary housing.
                                                        household being denied an SBA loan or receiving
       c. Multi-Family Lease and Repair, which
                                                        a partial SBA loan that is not adequate to meet
          allows FEMA to enter into lease
                                                        needs include funds to repair or replace damaged
          agreements with owners of multi-
                                                        personal property, repair or replace vehicles, and

6–50    2022 ADVOCATES’ GUIDE
cover moving and storage costs. State, Tribal,          NATIONAL FLOOD INSURANCE
and Territorial governments are required to             PROGRAM
pay for 25% of ONA costs, while FEMA covers
the remaining 75%. Governments can decide               The National Flood Insurance Program (NFIP)
to administer the program directly, in tandem           was created in 1968 to make flood insurance
with FEMA, or allow FEMA to fully administer the        available to homeowners for the first time. The
program.                                                “Flood Disaster Protection Act of 1973” made
                                                        the purchase of flood insurance mandatory for
Public Assistance (PA): FEMA provides disaster          properties in Special Flood Hazard Areas (SFHAs)
assistance to state, territorial, tribal, and local     if the property had a mortgage from a federally
governments as well as certain private nonprofits       regulated or insured lender. To participate in
through the PA program. Under the Permanent             NFIP, a community must adopt and enforce
Work component of Public Assistance, FEMA               floodplain management ordinances. The NFIP
provides grants to state and local governments          has an arrangement with private insurance firms
to repair roads, bridges, water control facilities,     to sell and service flood insurance.
public utilities, public buildings, and parks and
recreational facilities (Categories C through G).       HUD
In addition, PA can be provided to nonprofits to
                                                        Community Development Block Grant
restore damaged facilities, which could include
                                                        Disaster Recovery (CDBG-DR): CDBG-DR
repair funds for public housing agencies. The
                                                        funding is provided for presidentially declared
Emergency Work component of PA aids in the
                                                        major disasters by appropriations acts and
removal of debris and carries out emergency
                                                        is generally tailored to specific disasters. To
protective measures – which can include
                                                        determine how much a state or local government
emergency mass sheltering (Categories A and B).
                                                        receives, HUD uses a formula that considers
FEMA generally provides 75% of the cost of PA,
                                                        damage estimates and disaster recovery needs
requiring the state and subgrantees (for example,
                                                        unmet by other federal disaster assistance
counties) to provide the remaining 25%. FEMA
                                                        programs such as FEMA and SBA. In addition
has the authority to temporarily modify this cost
                                                        to any requirements cited in the specific
share ratio under certain circumstances.
                                                        appropriation act, the regular CDBG regulations
Hazard Mitigation Grant-Program (HMGP):                 at 24 CFR 570 apply to CDBG-DR funds. However,
To reduce the risk of damage and reliance on            CDBG-DR appropriations generally grant HUD
federal recovery funds in future disasters, FEMA        broad authority to issue waivers and alternative
administers the HMGP. HMGP provides state               requirements identified in a Federal Register notice
and local governments funds for long-term               issued by HUD following the announcement of
mitigation following a federally declared disaster.     the appropriation.
Nonprofits, individuals, and businesses may
                                                        CDBG-DR grantees, usually states, must prepare
apply through their local government. Uses of
                                                        an action plan to assess housing, infrastructure,
HMGP include acquiring an individual property
                                                        and economic revitalization needs and then
in a flood-prone zone and permanently removing
                                                        identify activities to address unmet needs.
the property, raising a home so that flood water
                                                        Public participation in devising the action plan
flows underneath, erecting barriers to prevent
                                                        is required. In the regular CDBG program, a
flood water from entering a home, flood diversion
                                                        minimum 30-day public review and comment
and storage, and aquifer storage and recovery.
                                                        period is required. However, in recent CDBG-
FEMA provides up to 75% of the funds for
                                                        DR Federal Register notices, HUD has reduced
mitigation projects.
                                                        the public participation period to a mere 14
                                                        days. Advocates stress that more time for public
                                                        engagement is necessary, especially since the
                                                        consequences of the final plan will have long-

                                                      NATIONAL LOW INCOME HOUSING COALITION            6–51
term impacts on low-income households.                is provided for areas that suffered from a
                                                      presidentially declared disaster and is distributed
The regular CDBG program requires that at
                                                      similarly to CDBG-DR. Program funding is
least 70% of the funds be used for activities that
                                                      available for mitigation and resiliency projects,
benefit low- and moderate-income households
                                                      defined as activities that reduce the risk to
or those with income at or less than 80% of the
                                                      life and property by lessening the impact of a
area median income. The CDBG-DR Federal
                                                      future disaster. These projects are not required
Register notices regarding funds for the 2017
                                                      to address an existing disaster impact, but
disasters maintained the 70% low/mod-income
                                                      rather, areas that are likely to be impacted in the
benefit requirement; however, most of the major
                                                      future. Like the CDBG-DR program, the regular
notices between Hurricane Katrina in 2005 and
                                                      CDBG regulations at 24 CFR 70 apply to CDBG-
2016 allowed waivers so that only 50% of the
                                                      MIT funding subject to waivers and alternative
CDBG-DR had to meet the low/mod benefit test.
                                                      requirements released by HUD in the program’s
In 2020 FEMA and HUD signed a Memorandum
                                                      enacting Federal Register Notice.
of Understanding that streamlined the use of
CDBG-DR funds to pay for portions of FEMA PA          The process for CDBG-MIT grantees is also
projects. Under this new streamlining agreement,      essentially the same as the CDBG-DR program,
only the portion of the project funded directly       with the grantee developing an action plan
by HUD CDBG-DR is required to meet CDBG               that outlines the planned use of the funds. The
requirements, such as targeting low income            plans are subject to public comment and HUD
households. Previously, the use of CDBG-DR            approval. The program requires a 30-day public
funding on FEMA PA projects would extend such         participation window and specifies a minimum
requirements to the entire project.                   number of public meetings to be held that
                                                      correspond to the amount of funding allocated
Recent Federal Register notices have required that
                                                      to that state. As this program is relatively new,
at least 80% of the total funds provided to a state
                                                      program guidelines and policies can be expected
address unmet needs within an area designated
                                                      to change as the program develops.
by HUD as being the most impacted and
distressed. They have also required the action        Disaster Housing Assistance Program (DHAP):
plan to propose allocating CDBG-DR to primarily       The aftermath of Hurricane Katrina in 2005
address unmet housing needs and describe how          demonstrated that HUD, not FEMA, was best
the grantee’s program will promote housing for        suited to oversee and administer federal disaster
vulnerable populations, including a description       housing assistance to the lowest-income people.
of activities to address the housing needs of         Congress amended the “Stafford Act” to require
homeless people and to prevent extremely low-         the federal government to create a disaster
income households from becoming homeless.             housing plan. In 2009, that plan made it clear
                                                      that HUD should play a key role in creating and
Grantees must submit Quarterly Performance
                                                      operating disaster housing assistance programs
Reports (QPRs) using HUD’s electronic
                                                      and recommended that Congress make the DHAP
Disaster Recovery Grant Reporting System
                                                      permanent. The 2011 National Disaster Recovery
showing each activity’s progress, expenditures,
                                                      Framework also recommended that HUD, not
accomplishments, and beneficiary characteristics
                                                      FEMA, serve as the coordinating agency for
such as race, ethnicity, and gender.
                                                      delivering housing assistance. However, before
CDBG Mitigation (CDBG-MIT): As part of                HUD can put a DHAP program in place, FEMA
a new focus on pre-disaster mitigation and            must enter an interagency agreement with HUD.
preparedness after the destructive 2017 and           In the wake of recent major disasters, FEMA has
2018 hurricane seasons, Congress has begun            resisted working with HUD to stand up DHAP
to appropriate funds under a HUD CDBG-MIT             programs.
program. Like CDBG-DR, CDBG-MIT funding
                                                      DHAP has been used after past disasters,

6–52     2022 ADVOCATES’ GUIDE
including Hurricanes Katrina, Rita, Gustav, Ike,      enables those who have lost their homes to
and Sandy, to provide low-income, displaced           finance the purchase of or refinance a house
families with safe, decent, and affordable rental     along with repairs through a single mortgage.
homes while they rebuild their lives and get back     It also allows homeowners who have damaged
on their feet. DHAP is administered through           houses to finance the rehabilitation of their
HUD’s existing network of local public housing        existing single-family home.
agencies, which have significant local market
knowledge and experience administering HUD’s          U.S. SMALL BUSINESS
Housing Choice Voucher program.                       ADMINISTRATION
DHAP provides displaced households with               After households apply to FEMA, they might
temporary rental assistance, covering the cost        be contacted by SBA to apply for a low-interest
difference between what a family can afford           loan. If eligible, the household does not have
to pay and their rent, capped at a reasonable         to accept the loan. If a household is not eligible
amount. Over the course of several months,            for an SBA loan, they will be referred to FEMA
families are required to pay a greater share of       to be considered for a FEMA ONA grant. To be
their rent to encourage and help them assume          considered for an ONA grant, a household must
full responsibility for housing costs at the end      have submitted an SBA loan application.
of the program. All families receiving DHAP           SBA can provide physical disaster loans to cover
rental assistance are provided wrap-around            uninsured or uncompensated losses of a home or
case management services to help them find            personal property. A homeowner can apply for a
permanent housing, secure employment, and             loan to repair or rebuild a primary residence to
connect with public benefits.                         its pre-disaster condition based on the verified
DHAP helps fill the gaps that low-income              losses and homeowners may apply for up to
households experience with FEMA’s Transitional        $200,000 to repair or replace their home to its
Shelter Assistance (TSA) and Rental Assistance        pre-disaster condition. The loan amount can
programs. Many hotels do not participate in           increase by as much as 20% to help homeowners
TSA, and those that do often charge daily resort      rebuild in a manner that protects against damage
fees, ask for security deposits, and require that     from future disasters of the same kind, up to
displaced households have credit cards, all of        the $200,000 maximum. Both homeowners and
which are barriers for low-income households.         renters may apply for loans—up to $40,000—
Because disasters generally reduce the amount         to replace personal property (anything not
of available housing stock, low-income renters        considered real estate or part of the structure
are often unable to use FEMA Rental Assistance        of the home) lost in a disaster. The interest rate
in their communities. If a displaced household        on SBA physical disaster loans depends on the
relocates, the Rental Assistance amount, which        applicant’s ability to secure credit from another
is based on the Fair Market Rent (FMR) of the         source. In 2017, applicants unable to obtain
impacted area, may not be enough to cover the         credit elsewhere were charged 1.75% interest;
cost of an apartment in a different community.        for those who could obtain credit elsewhere, the
                                                      interest rate was 3.5%. The term of loans is often
Federal Housing Administration (FHA): The
                                                      30 years.
FHA grants a 90-day moratorium on foreclosures
and forbearance on foreclosures of FHA-insured        Businesses, including rental property owners
home mortgages. HUD’s Section 203(h) program          and nonprofit organizations, can apply for loans
provides FHA insurance to disaster victims who        for real estate and personal property loss up to a
have lost their homes and need to rebuild or buy      maximum of $2 million. In addition, businesses
another home. Borrowers from participating            and nonprofits can apply for economic injury
FHA-approved lenders may be eligible for 100%         loans of up to $2 million to cover working capital
financing. HUD’s Section 203(k) loan program          to meet their ordinary financial obligations.

                                                    NATIONAL LOW INCOME HOUSING COALITION            6–53
U.S. DEPARTMENT OF                                    household of providing evidence of income
AGRICULTURE                                           eligibility. All other LIHTC rules apply, however,
                                                      including LIHTC rent limits. The emergency
The U.S. Department of Agriculture (USDA)             relief period ends one year after the date the
provides loans, grants, and loan servicing options    disaster was declared. After that date, displaced
to its loan borrowers and their tenants or grant      households that are not income-eligible under
recipients. It also will adjust Supplemental          the LIHTC program cannot occupy a unit assisted
Nutrition Assistance Program (SNAP) limits to         under the LIHTC program. To provide emergency
provide greater access to food in disaster-effected   housing, an owner must request written approval
areas.                                                from the HFA.

U.S. DEPARTMENT OF THE                                Additional issues can arise when LIHTC units are
TREASURY                                              damaged by disasters. Owners of LIHTC units
                                                      knocked out of service by a presidentially declared
Congress authorized the Department of the             disaster have a “reasonable period” (defined as 25
Treasury to provide special Low-Income Housing        months by the IRS) to finish rebuilding to retain
Tax Credits (LIHTCs) and other tax incentives         their tax-credit status and avoid IRS tax credit
after recent major disasters without a permanent      recapture. Depending on the level of devastation
disaster recovery program in place. In the case       caused by the disaster, some owners struggle
of hurricanes Katrina and Rita, the Treasury          to meet this deadline. Housing providers can
established Gulf Opportunity (GO) Zone tax            petition the IRS for an extension to the 25-month
credits, GO Zone tax-exempt bonds, and additional     deadline if needed although such extensions are
New Markets Tax Credits to help rebuild housing.      considered rare. This issue was notably seen in
After Superstorm Sandy in 2011, Congress also         California after the 2018 wildfire season and in
authorized additional LIHTCs, private activity        the aftermath of Hurricane Harvey in Houston.
bonds, and New Markets Tax Credits. The same          Advocates and housing providers should remain
occurred after the 2018 California wildfire season,   aware of this deadline and work proactively to
with Congress approving additional LIHTC              avoid a lapse in tax-credit status and possible
funding to replaced destroyed housing stock.          recapture.
Revenue Procedure 2014-49 (Rev. Proc. 2014-
49) from 2014 provides guidance to owners and         FORECAST FOR 2022
state housing finance agencies (HFAs) regarding       The ongoing recovery from 2017, 2018, 2019,
temporary relief from certain requirements that       and 2020 disasters, as well as the 2021 Atlantic
apply to the LIHTC program. A key provision           Hurricane Season and West Coast Wildfire Season,
allows an owner to provide up to twelve months        pushed Congress to introduce several bills that
of emergency housing to households that have          encourage quick and equitable recovery. In 2021,
been displaced by a presidentially declared major     Senators Brian Schatz (D-HI), Susan Collins (R-
disaster. Households are eligible for emergency       ME), Todd Young (R-IN), Patrick Leahy (D-VT), Bill
housing in an LIHTC unit if their home is in an       Cassidy, M.D. (R-LA), Senator Ron Wyden (D-OR),
area eligible for FEMA individual assistance.         and Representative Al Green (D-TX) introduced
Unless a property’s written policies and              the “Reforming Disaster Recovery Act,” which
procedures provide a preference for households        permanently authorizes the CDBG-DR program.
displaced by a presidentially declared disaster, an   The bill also creates important safeguards and
owner may not skip over households on a waiting       tools to ensure that federal disaster recovery and
list to provide emergency housing. Existing           rebuilding efforts reach all impacted households,
households cannot be displaced to provide             including those with the lowest incomes that are
emergency housing.                                    often hardest hit by disasters but have the fewest
                                                      resources. NLIHC strongly supports this bill.
Rev. Proc. 2014-49 relieves an owner and

6–54    2022 ADVOCATES’ GUIDE
The bill has previously passed out of the House          advocates should remain aware of administrative
Financial Services Committee by unanimous vote           and programmatic releases from federal agencies
and passed by a bipartisan vote of the House of          surrounding disaster recovery. FEMA has recently
Representatives.                                         demonstrated a commitment to equity within its
                                                         programs, indicating that substantial changes
In addition, the “Housing Survivors of
                                                         are underway at the agency. One major reform
Major Disasters Act” introduced in 2019 by
                                                         announced by FEMA in 2021 would permit some
Congressman Adriano Espaillat (D-NJ) and
                                                         survivors to self-certify ownership of their homes
Senator Elizabeth Warren (D-MA) passed
                                                         when they do not have other documentation,
unanimously out of the House Transportation
                                                         overcoming a major hurdle to recovery. FEMA will
and Infrastructure Committee and then the
                                                         also allow all survivors to submit a broader array
entire House of Representatives in 2020. The
                                                         of documents to prove occupancy and ownership
bill addresses the requirement that applicants
                                                         of their homes. This reform was the result of
for FEMA disaster assistance provide title
                                                         sustained administrative pressure by NLIHC and
documentation to show ownership over disaster
                                                         its partners. Advocates should monitor FEMA
damaged property. This requirement constitutes
                                                         and other federal agency releases on this and
a major barrier to aid for low income households.
                                                         additional disaster recovery topics.
People living in manufactured housing such as
mobile homes and people with “heirs property”            HUD has released guidance and allocations
ownership over their home often lack access              for almost all 2017, 2018, and 2019 CDBG-
to clear title. These households are forced              DR grantees in the Federal Register. Funds are
into lengthy and expensive legal title clearing          currently being spent at different rates across
procedures before they can be found eligible for         2017-2019 disaster regions with states pursuing
FEMA assistance. The bill would require FEMA             the completion of their state CDBG-DR/CDBG-
to expand the list of documents eligible to prove        MIT action plans. The reasons for the slow
ownership for the purposes of receiving recovery         disbursement range from issues with community
assistance and require the agency to develop             input for the program, high administrative
a “declarative form” allowing owners who are             burdens, and the COVID-19 pandemic. As the
unable to procure ownership documents to attest          process continues, advocates should be prepared
to ownership of their home under penalty of              to ensure that all guidelines and policies,
perjury. The bill will continue to be pushed by          including federal civil rights law, are being
NLIHC and its congressional partners in 2022.            followed as long-term recovery dollars begin to
                                                         reach disaster areas.
Several other Members of Congress introduced
bills directing FEMA to standardize damage               In October of 2021, Congress approved $5 billion
assessments, streamline emergency notification           in long-term recovery funds for 2020-2021
services, and boost pre-disaster planning efforts.       disasters. Advocates should continue to push the
Congress will work in the coming year to enact           Administration and state and local governments
bills to assist those struck by disasters in 2020        to ensure these CDBG-DR allocations reach
and 2021, including Hurricane Laura, Sally, Delta,       disaster survivors with low-incomes especially as
Zeta, and Irma, the West Coast Wildfires, the            FEMA programs assisting in short-term disaster
Puerto Rico earthquakes, the Iowa Derecho, and           recovery begin to expire.
additional disasters as they occur. In October of
2021, Congress approved $5 billion in long-term          FOR MORE INFORMATION
recovery funds for 2020-2021 disasters. Any              National Low-Income Housing Coalition, 202-
future disaster relief bill should include resources     662-1530, www.nlihc.org.
to ensure that all survivors, including people with
the lowest incomes, are served.                          The NLIHC-led Disaster Housing Recovery
                                                         Coalition: https://nlihc.org/disaster-housing-
In addition to potential legislative changes,            coalition.

                                                       NATIONAL LOW INCOME HOUSING COALITION              6–55
The Disaster Housing Recovery Coalition’s
webpage, http://nlihc.org/issues/disaster,
including its recommendations:
•   To Congress.
•   To HUD.
•   To FEMA.
NLIHC’s Report, “Reforming America’s Broken
Disaster Housing Recovery System, Part One:
Barriers to a Complete and Equitable Recovery”,
https://bit.ly/2RZHmuK & “Part Two: Policy
Framework Reform Recommendations”, https://
bit.ly/3n5lnzq.
NLIHC’s Top Priorities for Any Disaster Recovery
Package, https://bit.ly/2K8Mp6b.
NLIHC’s Disaster Recovery Resources webpage:
https://nlihc.org/issues/disaster/resources.
NLIHC’s Disaster Housing Assistance Program
fact sheet: https://bit.ly/2QZ2WvP.
NLIHC’s Disaster Housing Recovery Coalition’s
Administrative Transition Recommendations,
https://bit.ly/3gD7GFf.

6–56    2022 ADVOCATES’ GUIDE
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