44 CFR Part 206.117

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Federal Emergency Management Agency, DHS
assistance. Applicants may appeal the
following:
(1) Eligibility for assistance, including recoupment;
(2) Amount or type of assistance;
(3) Cancellation of an application;
(4) The rejection of a late application;
(5) The denial of continued assistance
under § 206.114, Criteria for continued
assistance;
(6) FEMA’s intent to collect rent
from occupants of a housing unit that
FEMA provides;
(7) Termination of direct housing assistance;
(8) Denial of a request to purchase a
FEMA-provided housing unit at the
termination of eligibility;
(9) The sales price of a FEMA-provided housing unit they want to purchase; or
(10) Any other eligibility-related decision.
(b) Appeals must be in writing and
explain the reason(s) for the appeal.
The applicant or person who the applicant authorizes to act on his or her behalf must sign the appeal. If someone
other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent him, her or
them.
(c) Applicants must appeal to the Regional Administrator or his/her designee for decisions made under this
subpart, unless FEMA has made a
grant to the State to provide assistance to individuals and households
under § 206.120(a), State administration
of other needs assistance; then the applicant must appeal to the State.
(d) An applicant may ask for a copy
of information in his or her file by
writing to FEMA or the State as appropriate. If someone other than the applicant is submitting the request, then
the applicant must also submit a
signed statement giving that person
authority to represent him or her.
(e) The appropriate FEMA or State
program official will notify the applicant in writing of the receipt of the appeal.
(f) The Regional Administrator or
his/her designee or appropriate State
official will review the original decision after receiving the appeal. FEMA

§ 206.117

or the State, as appropriate, will give
the appellant a written notice of the
disposition of the appeal within 90 days
of the receiving the appeal. The decision of the appellate authority is final.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.116

Recovery of funds.

(a) The applicant must agree to repay
to FEMA (when funds are provided by
FEMA) and/or the State (when funds
are provided by the State) from insurance proceeds or recoveries from any
other source an amount equivalent to
the value of the assistance provided. In
no event must the amount repaid to
FEMA and/or the State exceed the
amount that the applicant recovers
from insurance or any other source.
(b) An applicant must return funds to
FEMA and/or the State (when funds are
provided by the State) when FEMA
and/or the State determines that the
assistance was provided erroneously,
that the applicant spent the funds inappropriately, or that the applicant obtained the assistance through fraudulent means.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.117

Housing assistance.

(a) Purpose. FEMA may provide financial or direct assistance under this
section to respond to the disaster-related housing needs of individuals and
households.
(b) Types of housing assistance—(1)
Temporary housing assistance—(i) Financial assistance. Eligible individuals and
households may receive financial assistance to rent alternate housing resources, existing rental units, manufactured housing, recreational vehicles,
or other readily fabricated dwellings.
FEMA may also provide assistance for
the reasonable cost of any transportation, utility hookups, or installation
of a manufactured housing unit or recreational vehicle to be used for housing. This includes reimbursement for
reasonable short-term lodging expenses
that individuals or households incur in
the immediate aftermath of a disaster.
(A) FEMA will include all members
of a pre-disaster household in a single
registration and will provide assistance

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§ 206.117

44 CFR Ch. I (10–1–09 Edition)

for one temporary housing residence,
unless the Regional Administrator or
his/her designee determines that the
size or nature of the household requires
that we provide assistance for more
than one residence.
(B) FEMA will base the rental assistance on the Department of Housing and
Urban Development’s current fair market rates for existing rental units.
FEMA will further base the applicable
rate on the household’s bedroom requirement and the location of the rental unit.
(C) All utility costs and utility security deposits are the responsibility of
the occupant except where the utility
does not meter utility services separately and utility services are a part of
the rental charge.
(D) The occupant is responsible for
all housing security deposits. In extraordinary circumstances, the Regional Administrator or his/her designee may authorize the payment of security deposits; however, the owner or
occupant must reimburse the full
amount of the security deposit to the
Federal Government before or at the
time that the temporary housing assistance ends.
(ii) Direct assistance. (A) FEMA may
provide direct assistance in the form of
purchased or leased temporary housing
units directly to individuals or households who lack available housing resources and would be unable to make
use of the assistance provided under
paragraph (b)(1)(i) of this section.
(B) FEMA will include all members
of a pre-disaster household in a single
application and will provide assistance
for one temporary housing residence,
unless the Regional Administrator or
his/her designee determines that the
size or nature of the household requires
that we provide assistance for more
than one residence.
(C) Any site upon which a FEMA-provided housing unit is placed must comply with applicable State and local
codes and ordinances, as well as 44 CFR
part 9, Floodplain Management and
Protection of Wetlands, and 44 CFR
part 10, Environmental Considerations,
and all other applicable environmental
laws and Executive Orders.
(D) All utility costs and utility security deposits are the responsibility of

the occupant except where the utility
does not meter utility services separately and utility services are a part of
the rental charge.
(E) FEMA-provided or funded housing
units may be placed in the following locations:
(1) A commercial site that is complete with utilities; when the Regional
Administrator or his/her designee determines that the upgrading of commercial sites, or installation of utilities on such sites, will provide more
cost-effective, timely and suitable temporary housing than other types of resources, then Federal assistance may
be authorized for such actions.
(2) A private site that an applicant
provides, complete with utilities; when
the Regional Administrator or his/her
designee determines that the cost of installation or repairs of essential utilities on private sites will provide more
cost effective, timely, and suitable
temporary housing than other types of
resources, then Federal assistance may
be authorized for such actions.
(3) A group site that the State or
local government provides that accommodates two or more units and is complete with utilities; when the Regional
Administrator or his/her designee determines that the cost of developing a
group site provided by the State or
local government, to include installation or repairs of essential utilities on
the sites, will provide more cost effective, timely, and suitable temporary
housing than other types of resources,
then Federal assistance may be authorized for such actions.
(4) A group site provided by FEMA, if
the Regional Administrator or his/her
designee determines that such a site
would be more economical or accessible than one that the State or local
government provides.
(F) After the end of the 18-month period of assistance, FEMA may begin to
charge up to the fair market rent rate
for each temporary housing unit provided. We will base the rent charged on
the number of bedrooms occupied and
needed by the household. When establishing the amount of rent, FEMA will
take into account the financial ability
of the household.

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Federal Emergency Management Agency, DHS
(G) We may terminate direct assistance for reasons that include, but are
not limited to, the following:
(1) The period of assistance expired
under § 206.110(e) and has not been extended;
(2) Adequate alternate housing is
available to the occupant(s);
(3) The occupant(s) obtained housing
assistance through either misrepresentation or fraud;
(4) The occupant(s) failed to comply
with any term of the lease/rental
agreement or other rules of the site
where the unit is located.
(5) The occupant(s) does not provide
evidence documenting that they are
working towards a permanent housing
plan.
(H) FEMA will provide a 15 day written notice when initiating the termination of direct assistance that we provide under our lease agreements. This
notice will specify the reasons for termination of assistance and occupancy,
the date of termination, the procedure
for appealing the determination, and
the occupant’s liability for such additional charges as the Regional Administrator or his/her designee deems appropriate after the termination date,
including fair market rent for the unit.
(I) Duplication of benefits may occur
when an applicant has additional living
expense insurance benefits to cover the
cost of renting alternate housing. In
these instances, FEMA may provide a
temporary housing unit if adequate alternate housing is not available, or if
doing so is in the best interest of the
household and the government. We will
establish fair market rent, not to exceed insurance benefits available.
(2) Repairs. (i) FEMA may provide financial assistance for the repairs of uninsured disaster-related damages to an
owner’s primary residence. The funds
are to help return owner-occupied primary residences to a safe and sanitary
living or functioning condition. Repairs may include utilities and residential infrastructure (such as private access routes, privately owned bridge,
wells and/or septic systems) damaged
by a major disaster.
(ii) The type of repair FEMA authorizes may vary depending upon the nature of the disaster. We may authorize
repair of items where feasible or re-

§ 206.117

placement when necessary to insure
the safety or health of the occupant
and to make the residence functional.
(iii) FEMA may also provide assistance for eligible hazard mitigation
measures that reduce the likelihood of
future damage to damaged residences,
utilities or infrastructure.
(iv) Eligible individuals or households may receive up to $5,000 under
this paragraph, adjusted annually to
reflect changes in the CPI, to repair
damages to their primary residence
without first having to show that the
assistance can be met through other
means, except insurance proceeds.
(v) The individual or household is responsible for obtaining all local permits or inspections that applicable
State or local building codes may require.
(3) Replacement. FEMA may provide
financial assistance under this paragraph to replace the primary residence
of an owner-occupied dwelling if the
dwelling was damaged by the disaster
and there was at least $10,000 of damage (as adjusted annually to reflect
changes in the CPI). The applicant may
either replace the dwelling in its entirety for $10,000 (as adjusted annually
to reflect changes in the CPI) or less,
or may use the assistance toward the
cost of acquiring a new permanent residence that is greater in cost than
$10,000 (as adjusted annually to reflect
changes in the CPI). All replacement
assistance awards must be individually
approved by the Assistant Administrator for the Disaster Assistance Directorate. The Assistant Administrator
for the Disaster Assistance Directorate
may approve replacement assistance
for applicants whose damages are less
than $10,000 in extraordinary circumstances where replacement assistance is more appropriate than other
forms of housing assistance.
(4) Permanent housing construction.
FEMA may provide financial or direct
assistance to applicants for the purpose
of constructing permanent housing in
insular areas outside the continental
United States and in other remote locations when alternative housing resources are not available and the types
of financial or direct temporary housing assistance described at paragraph

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§ 206.118

44 CFR Ch. I (10–1–09 Edition)

WReier-Aviles on DSKGBLS3C1PROD with CFR

(b)(1) of this section are unavailable,
infeasible, or not cost-effective.
(c) Eligible costs. (1) Repairs to the
primary residence or replacement of
items must be disaster-related and
must be of average quality, size, and
capacity, taking into consideration the
needs of the occupant. Repairs to the
primary residence are limited to restoration of the dwelling to a safe and
sanitary living or functioning condition and may include:
(i) Repair or replacement of the
structural components, including foundation, exterior walls, and roof;
(ii) Repair or replacement of the
structure’s windows and doors;
(iii) Repair or replacement of the
structure’s Heating, Ventilation and
Air Conditioning System;
(iv) Repair or replacement of the
structure’s utilities, including electrical, plumbing, gas, water and sewage
systems;
(v) Repair or replacement of the
structure’s interior, including floors,
walls, ceilings, doors and cabinetry;
(vi) Repair to the structure’s access
and egress, including privately owned
access road and privately owned bridge;
(vii) Blocking, leveling, and anchoring of a mobile home, and reconnecting
or resetting mobile home sewer, water,
electrical and fuel lines and tanks; and
(viii) Items or services determined to
be eligible hazard mitigation measures.
(2) Replacement assistance, will be
based on the verified disaster-related
level of damage to the dwelling, or the
statutory maximum, whichever is less.
(3) Permanent housing construction,
in general, must be consistent with
current minimal local building codes
and standards where they exist, or
minimal acceptable construction industry standards in the area, including
reasonable hazard mitigation measures, and federal environmental laws
and regulations Dwellings will be of average quality, size and capacity, taking
into consideration the needs of the occupant.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.118

Disposal of housing units.

(a) FEMA may sell housing units purchased under § 206.117(b)(1)(ii), Tem-

porary housing, direct assistance, as
follows:
(1) Sale to an applicant.
(i) Sale to the individual or household occupying the unit, if the occupant lacks permanent housing, has a
site that complies with local codes and
ordinances and part 9 of this Title.
(ii) Adjustment to the sales price.
FEMA may approve adjustments to the
sales price when selling a housing unit
to the occupant of a unit if the purchaser is unable to pay the fair market
value of the home or unit and when
doing so is in the best interest of the
applicant and FEMA.
(iii) FEMA may sell a housing unit to
the occupant only on the condition
that the purchaser agrees to obtain and
maintain hazard insurance, as well as
flood insurance on the unit if it is or
will be in a designated Special Flood
Hazard Area.
(2) Other methods of disposal:
(i) FEMA may sell, transfer, donate,
or otherwise make a unit available directly to a State or other governmental entity, or to a voluntary organization, for the sole purpose of providing temporary housing to disaster
victims in major disasters and emergencies. As a condition of the sale,
transfer, or donation, or other method
of provision, the State, governmental
entity, or voluntary organization must
agree to:
(A) Comply with the nondiscrimination provisions of the Stafford Act, 42
U.S.C. 5151; and
(B) Obtain and maintain hazard insurance on the unit, as well as flood insurance if the housing unit is or will be
in a designated Special Flood Hazard
Area.
(ii) FEMA may also sell housing
units at a fair market value to any
other person.
(b) A unit will be sold ‘‘as is, where
is’’, except for repairs FEMA deems
necessary to protect health or safety,
which are to be completed before the
sale. There will be no implied warranties. In addition, FEMA will inform the
purchaser that he/she may have to
bring the unit up to codes and standards that are applicable at the proposed site.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

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