44 CFR 206 Part D

Federal Emergency Management Agency, DHS
§ 206.67 Requirement when limitation
is exceeded.
Whenever the limitation described in
§ 206.66 is exceeded, the Administrator
must report to the Congress on the nature and extent of continuing emergency assistance requirements and
shall propose additional legislation if
necessary.
§§ 206.68–206.100

[Reserved]

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Subpart D—Federal Assistance to
Individuals and Households
§ 206.101 Temporary housing assistance for emergencies and major disasters declared on or before October 14, 2002.
(a) Purpose. This section prescribes
the policy to be followed by the Federal Government or any other organization when implementing section 408
of the Stafford Act for Presidentiallydeclared emergencies and major disasters declared on or before October 14,
2002 (Note that the reference to section
408 of the Stafford Act refers to prior
legislation amended by the Disaster
Mitigation Act 2000).
(b) Program intent. Assistance under
this program is made available to applicants who require temporary housing as a result of a major disaster or
emergency that is declared by the
President. Eligibility for assistance is
based on need created by disaster-related unlivability of a primary residence or other disaster-related displacement, combined with a lack of
adequate insurance coverage. Eligible
applicants may be paid for authorized
accommodations and/or repairs. In the
interest of assisting the greatest number of people in the shortest possible
time, applicants who are able to do so
will be encouraged to make their own
arrangements for temporary housing.
Although numerous instances of minor
damage may cause some inconvenience
to the applicant, the determining eligibility factor must be the livability of
the primary residence. FEMA has also
determined that it is reasonable to expect applicants or their landlords to
make some repairs of a minor nature.
Temporary housing will normally consist of a check to cover housing-related
costs wherever possible.

§ 206.101

(c) Definitions—(1) Adequate alternate
housing means housing that:
(i) Accommodates the needs of the
occupants.
(ii) Is within reasonable commuting
distance of work, school, or agricultural activities which provide over 25%
of the household income.
(iii) Is within the financial ability of
the occupant in the realization of a
permanent housing plan.
(2) Effective date of assistance means
the date the eligible applicant received
temporary housing assistance but,
where applicable, only after appropriate insurance benefits are exhausted.
(3) Essential living area means that
area of the residence essential to normal living, i.e., kitchen, one bathroom,
dining area, living room, entrances and
exits, and essential sleeping areas. It
does not include family rooms, guest
rooms, garages, or other nonessential
areas, unless hazards exist in these
areas which impact the safety of the
essential living area.
(4) Fair market rent means a reasonable amount to pay in the local area
for the size and type of accommodations which meets the applicant’s
needs.
(5) Financial ability is the determination of the occupant’s ability to pay
housing costs. The determination is
based upon the amount paid for housing before the disaster, provided the
household income has not changed subsequent to or as a result of the disaster
or 25 percent of gross post disaster income if the household income changed
as a result of the disaster. When computing financial ability, extreme or unusual financial circumstances may be
considered by the Regional Administrator.
(6) Household means all residents of
the predisaster residence who request
temporary housing assistance, plus any
additions during the temporary housing period, such as infants, spouses, or
part-time residents who were not
present at the time of the disaster but
who are expected to return during the
temporary housing period.
(7) Housing costs means shelter rent
and mortgage payments including principal, interest, real estate taxes, real

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§ 206.101

44 CFR Ch. I (10–1–10 Edition)

property insurance, and utility costs,
where appropriate.
(8) Occupant means an eligible applicant residing in temporary housing
provided under this section.
(9) Owner-occupied means that the
residence is occupied by: the legal
owner; a person who does not hold formal title to the residence and pays no
rent but is responsible for the payment
of taxes, or maintenance of the residence; or a person who has lifetime occupancy rights with formal title vested
in another.
(10) Primary residence means the
dwelling where the applicant normally
lives during the major portion of the
calendar year, a dwelling which is required because of proximity to employment, or to agricultural activities as
referenced in paragraph (c)(1)(ii) of this
section.
(d) Duplication of benefits—(1) Requirement to avoid duplication. Temporary
housing assistance shall not be provided to an applicant if such assistance
has been provided by any other source.
If any State or local government or
voluntary agency has provided temporary housing, the assistance under
this section begins at the expiration of
such assistance, and may continue for
a period not to exceed l8 months from
the date of declaration, provided the
criteria for continued assistance in
paragraph (k)(3) of this section are
met. If it is determined that temporary
housing assistance will be provided
under this section, notification shall be
given those agencies which have the
potential for duplicating such assistance. In the instance of insured applicants, temporary housing assistance
shall be provided only when:
(i) Payment of the applicable benefits
has been significantly delayed;
(ii) Applicable benefits have been exhausted;
(iii) Applicable benefits are insufficient to cover the temporary housing
need; or
(iv) Housing is not available on the
private market.
(2) Recovery of funds. Prior to provision of assistance, the applicant must
agree to repay to FEMA from insurance proceeds or recoveries from any
other source an amount equivalent to
the value of the temporary housing as-

sistance provided. In no event shall the
amount repaid to FEMA exceed the
amount recovered by the applicant. All
claims shall be collected in accordance
with agency procedures for debt collection.
(e) Applications—(1) Application period.
The standard FEMA application period
is the 60 days following the date the
President declares an incident a major
disaster or an emergency. The Regional
Administrator may, however, extend
the application period, when we anticipate that we need more time to collect
applications from the affected population or to establish the same application deadline for contiguous Counties
or States. After the application period
has ended, FEMA will accept and process applications for an additional 60
days only from persons who can provide an acceptable explanation (and
documentation to substantiate their
explanation) for why they were not
able to contact FEMA before the application period ended.
(2) Household composition. Members of
a household shall be included on a single application and be provided one
temporary housing residence unless it
is determined by the Regional Administrator that the size of the household
requires that more than one residence
be provided.
(f) General eligibility guidelines. Temporary housing assistance may be made
available to those applicants who, as a
result of a major disaster or emergency
declared by the President, are qualified
for such assistance.
(1) Conditions of eligibility. Temporary
housing assistance may be provided
only when both of the following conditions are met:
(i) The applicant’s primary residence
has been made unlivable or the applicant has been displaced as the result of
a major disaster or emergency because:
(A) The residence has been destroyed,
essential utility service has been interrupted, or the essential living area has
been damaged as a result of the disaster to such an extent as to constitute
a serious health or safety hazard which
did not exist prior to the disaster. The
Regional Administrator shall prepare
additional guidelines when necessary
to respond to a particular disaster;

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Federal Emergency Management Agency, DHS
(B) The residence has been made inaccessible as a result of the incident to
the extent that the applicant cannot
reasonably be expected to gain entry
due to the disruption or destruction of
transportation routes, other impediments to access, or restrictions placed
on movement by a responsible official
due to continued health and safety
problems;
(C) The owner of the applicant’s residence requires the residence to meet
their personal needs because the owner’s predisaster residence was made
unlivable as a result of the disaster;
(D) Financial hardship resulting from
the disaster has led to eviction or dispossession; or
(E) Other circumstances resulting
from the disaster, as determined by the
Regional Administrator, prevent the
applicant
from
occupying
their
predisaster primary residence.
(ii) Insured applicants have made
every reasonable effort to secure insurance benefits, and the insured has
agreed to repay FEMA from whatever
insurance proceeds are later received,
pursuant to paragraph (d)(2) of this section.
(2) Conditions of ineligibility. Except as
provided for in section 408(b), Temporary Housing Assistance shall not be
provided:
(i) To an applicant who is displaced
from other than their primary residence; or
(ii) When the residence in question is
livable, i.e., only minor damage exists
and it can reasonably be expected to be
repaired by the applicant/owner or the
landlord; or
(iii) When the applicant owns a secondary or vacation residence, or unoccupied rental property which meets
their temporary housing needs; or
(iv) To an applicant who has adequate rent-free housing accommodations; or
(v) To an applicant who has adequate
insurance coverage and there is no indication that benefits will be delayed;
or
(vi) When a late application is not approved for processing by the Regional
Administrator; or
(vii) To an applicant who evacuated
the residence in response to official
warnings solely as a precautionary

§ 206.101

measure, and who is able to return to
the residence immediately after the incident (i.e., the applicant is not otherwise eligible for temporary housing assistance).
(g) Forms of Temporary Housing Assistance. All proceeds received or receivable by the applicant under § 206.101
shall be exempt from garnishment, seizure, encumbrance, levy, execution,
pledge, attachment, release, or waiver.
No rights under this provision are assignable or transferable.
(1) Temporary Housing Assistance is
normally provided in the form of a
check to cover the cost of rent or essential home repairs. The exceptions to
this are when existing rental resources
are not available and repairs to the
home will not make it livable in a reasonable period of time, or when the eligible applicant is unable to physically
leave the home due to the need to tend
crops or livestock.
(i) Government-owned, private, and
commercial properties. When an eligible
applicant is unable to obtain an available temporary housing unit, FEMA
may enter into a leasing agreement for
the eligible applicant. Rent payments
shall be in accordance with the fair
market rent (FMR) rates established
for each operation for the type and size
residence.
(ii) Transient accommodations. Immediately following a Presidentially declared major disaster or emergency,
disaster victims are expected to stay
with family or friends without FEMA
assistance, or to make use of mass
shelters to the fullest extent possible
for short-term housing. Transient accommodations may be provided when
individual circumstances warrant such
assistance for only a short period of
time or pending provision of other temporary housing resources. Transient
accommodations may be provided for
up to 30 days unless this period is extended by the Regional Administrator.
Authorized expenditures for transient
accommodations shall be restricted to
the rental cost including utilities except for those which are separately metered. Payment for food, telephone, or
other similar services is not authorized
under this section.
(2) Mobile homes, travel trailers, and
other manufactured housing units.

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§ 206.101

44 CFR Ch. I (10–1–10 Edition)

Government-owned or privately owned
mobile homes, travel trailers, and
other manufactured housing units may
be placed on commercial, private, or
group sites. The placement must comply with applicable State and local
codes and ordinances as well as
FEMA’S regulations at 44 CFR part 9,
Floodplain Management and Protection of Wetlands, and the regulations
at 44 CFR part 10, Environmental Considerations.
(i) A commercial site is a site customarily leased for a fee because it is
fully equipped to accommodate a housing unit. In accordance with section
408(a)(2)(B), the Assistant Administrator for the Disaster Assistance Directorate has determined that leasing
commercial sites at Federal expense is
in the public interest. When the Regional Administrator determines that
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, they may authorize such action at Federal expense.
(ii) A private site is a site provided or
obtained by the applicant at no cost to
the Federal Government. Also in accordance with section 408(a)(2)(B), the
Assistant Administrator for the Disaster Assistance Directorate has determined that the cost of installation or
repairs of essential utilities on private
sites is authorized at Federal expense
when such actions will provide more
cost-effective, timely, and suitable
temporary housing than other types of
resources.
(iii) A group site is a site which accommodates two or more units. In accordance with section 408(a)(2)(A), locations for group sites shall be provided
by State or local government complete
with utilities. However, the Assistant
Administrator for the Disaster Assistance Directorate may authorize development of group sites, including installation of essential utilities, by the Federal Government, based on a recommendation from the Regional Administrator; provided, however, that
the Federal expense is limited to 75
percent of the cost of construction and
development (including installation of
utilities). In accordance with section
408(a)(4) of the Stafford Act, the State

or local government shall pay any cost
which is not paid for from the Federal
share, including long-term site maintenance such as snow removal, street repairs and other services of a governmental nature.
(3) Temporary mortgage and rental payments. Assistance in the form of mortgage or rental payments may be paid
to or be provided on behalf of eligible
applicants who, as a result of a major
disaster or emergency, have received
written notice of dispossession or eviction from their primary residence by
foreclosure of any mortgage or lien,
cancellation of any contract of sale, or
termination of any lease entered into
prior to the disaster. Written notice,
for the purpose of this paragraph,
means a communication in writing by
a landlord, mortgage holder, or other
party authorized under State law to
file such notice. The purpose of such
notice is to notify a person of impending termination of a lease, foreclosure
of a mortgage or lien, or cancellation
of any contract of sale, which would result in the person’s dispossession or
eviction. Applications for this type of
assistance may be filed for up to 6
months following the date of declaration. This assistance may be provided
for a period not to exceed 18 months or
for the duration of the period of financial hardship, as determined by the Regional Administrator, whichever is
less. The location of the residence of an
applicant for assistance under this section shall not be a consideration of eligibility.
(4) Home repairs. Repairs may be authorized to quickly repair or restore to
a livable condition that portion of or
areas affecting the essential living area
of, or private access to, an owner-occupied primary residence which was damaged as a result of the disaster. Installation of utilities or conveniences not
available in the residence prior to the
disaster shall not be provided. However, repairs which are authorized shall
conform to applicable local and/or
State building codes; upgrading of existing damaged utilities may be authorized when required by these codes.
(i) Options for repairs. Eligible applicants approved for repairs may be assisted through one or a combination of
the following methods:

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Federal Emergency Management Agency, DHS
(A) Cash payment. Payment shall be
limited to the reasonable costs for the
repairs and replacements in the locality, as determined by the Regional Administrator. This will be the method
normally used, unless unusual circumstances warrant the methods listed
under paragraph (g)(4), (i) (B) or (C) of
this section.
(B) Provision of materials and replacement items.
(C) Government awarded repair contracts when authorized by the Assistant Administrator for the Disaster Assistance Directorate.
(ii) Feasibility. Repairs may be provided to those eligible applicants:
(A) Who are owner-occupants of the
residence to be made livable;
(B) Whose residence can be made livable by repairs to the essential living
area within 30 days following the feasibility determination. The Regional Administrator may extend this period for
extenuating circumstances by determining that this type of assistance is
still more cost effective, timely and
otherwise suitable than other forms for
temporary housing; and
(C) Whose residence can be made livable by repairs to the essential living
area, the cost of which do not exceed
the dollar limitations established by
the Assistant Administrator for the
Disaster Assistance Directorate. The
Regional Administrator may, on a
case-by-case basis, waive the dollar
limitations when repairs are more cost
effective and appropriate than other
forms of housing assistance or when extenuating circumstances warrant.
(iii) Scope of work. The type of repair
or replacement authorized may vary
depending upon the nature of the disaster. Items will be repaired where feasible or replaced only when necessary
to insure the safety or health of the occupant. Replacement items shall be of
average quality, size, and capacity taking into consideration the needs of the
occupant. Repairs shall be disaster related and shall be limited to:
(A) Repairs to the plumbing system,
including repairs to or replacement of
fixtures, providing service to the kitchen and one bathroom;
(B) Repairs to the electrical system
providing service to essential living

§ 206.101

areas, including repairs to or replacement of essential fixtures;
(C) Repairs to the heating unit, including repairs to duct work, vents,
and integral fuel and electrical systems. If repair or replacement through
other forms of assistance cannot be accomplished before the start of the season requiring heat, home repairs may
be authorized by the Regional Administrator when an inspection shows that
the unit has been damaged beyond repair, or when the availability of necessary parts or components makes repair impossible;
(D) Repairs to or replacement of essential components of the fuel system
to provide for cooking;
(E) Pumping and cleaning of the septic system, repairs to or replacement of
the tank, drainfield, or repairs to sewer
lines;
(F) Flushing and/or purifying the
water well, and repairs to or replacement of the pump, controls, tank, and
pipes;
(G) Repairs to or replacement of exterior doors, repair of windows and/or
screens needed for health purposes;
(H) Repairs to the roof, when the
damages affect the essential living
area;
(I) Repairs to interior floors, when
severe buckling or deterioration creates a serious safety hazard;
(J) Blocking, leveling, and anchoring
of a mobile home; and reconnecting
and/or resetting mobile home sewer,
water, electrical and fuel lines, and
tanks;
(K) Emergency repairs to private access routes, limited to those repairs
that meet the minimum safety standards and using the most economical
materials available. Such repairs are
provided on a one-time basis when no
alternative access facilities are immediately available and when the repairs
are more cost effective, timely or otherwise suitable than other forms of
temporary housing.
(L) Repairs to the foundation piers,
walls or footings when the damages affect the structural integrity of the essential living area;
(M) Repairs to the stove and refrigerator, when feasible; and

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§ 206.101

44 CFR Ch. I (10–1–10 Edition)

(N) Elimination of other health and
safety hazards or performance of essential repairs which are authorized by
the Regional Administrator as not
available through emergency services
provided by voluntary or community
agencies, and cannot reasonably be expected to be completed on a timely
basis by the occupant without FEMA
assistance.
(iv) Requirements of the Flood Disaster Protection Act. FEMA has determined that flood insurance purchase
requirements need not be imposed as a
condition of receiving assistance under
paragraph (g)(4) of this section. Repair
recipients will normally receive assistance for further repairs from other programs which will impose the purchase
and maintenance requirements. Home
repairs may not be provided in Zones A
or V of a sanctioned or suspended community except for items that are not
covered by flood insurance.
(h) Appropriate form of temporary
housing. The form of temporary housing provided should not exceed occupants’ minimum requirements, taking
into consideration items such as timely availability, cost effectiveness, permanent housing plans, special needs
(handicaps, the location of crops and
livestock, etc.) of the occupants, and
the requirements of FEMA’S floodplain
management regulations at 44 CFR
part 9. An eligible applicant shall receive one form of temporary housing,
except for transient accommodations
or when provision of an additional form
is in the best interest of the Government. An eligible applicant is expected
to accept the first offer of temporary
housing; unwarranted refusal shall result in forfeiture of temporary housing
assistance. Existing rental resources
and home repairs shall be utilized to
the fullest extent practicable prior to
provision of government-owned mobile
homes.
(i) Utility costs and security deposits.
All utility costs shall be the responsibility of the occupant except where
utility services are not metered separately and are therefore a part of the
rental charge. Utility use charges and
deposits shall always be the occupants
responsibility. When authorized by the
Regional Administrator, the Federal
Government may pay security depos-

its; however, the owner or occupant
shall reimburse the full amount of the
security deposit to the Federal Government before or at the time that the
temporary housing assistance is terminated.
(j) Furniture. An allowance for essential furniture may be provided to occupants when such assistance is required
to occupy the primary or temporary
housing residence. However, loss of furniture does not in and of itself constitute eligibility for temporary housing assistance. Luxury items shall not
be provided.
(k) Duration of assistance—(1) Commencement. Temporary housing assistance may be provided as of the date of
the incident of the major disaster or
emergency as specified in the FEDERAL
REGISTER notice and may continue for
18 months from the date of declaration.
An effective date of assistance shall be
established for each applicant.
(2) Continued assistance. Predisaster
renters normally shall be provided no
more than 1 month of assistance unless
the Regional Administrator determines
that continued assistance is warranted
in accordance with paragraph (k)(3) of
this section. All other occupants of
temporary housing shall be certified eligible for continued assistance in increments not to exceed 3 months. Recertification of eligibility for continued
assistance shall be in accordance with
paragraph (k)(3) of this section, taking
into consideration the occupant’s permanent housing plan. A realistic permanent housing plan shall be established for each occupant requesting additional assistance no later than at the
time of the first recertification.
(3) Criteria for continued assistance. A
temporary housing occupant shall
make every effort to obtain and occupy
permanent housing at the earliest possible time. A temporary housing occupant will be required to provide receipts documenting disaster related
housing costs and shall be eligible for
continued assistance when:
(i) Adequate alternate housing is not
available;
(ii) The permanent housing plan has
not been realized through no fault of
the occupant; or
(iii) In the case of FEMA-owner
leases, the occupant is in compliance

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Federal Emergency Management Agency, DHS
with the terms of the lease/rental
agreement.
(l) Period of assistance. Provided the
occupant is eligible for continued assistance, assistance shall be provided
for a period not to exceed 18 months
from the declaration date.
(m) Appeals. Occupants shall have the
right to appeal a program determination in accordance with the following:
(1) An applicant declared ineligible
for temporary housing assistance, an
applicant whose application has been
cancelled for cause, an applicant whose
application has been refused because of
late filing, and an occupant who received a direct housing payment but is
not eligible for continued assistance in
accordance with paragraph (k) of this
section, shall have the right to dispute
such a determination within 60 calendar days following notification of
such action. The Regional Administrator shall reconsider the original decision within 15 calendar days after its
receipt. The appellant shall be given a
written notice of the disposition of the
dispute. The decision of the Regional
Administrator is final.
(2) An occupant who has been notified that his/her request to purchase a
mobile home or manufactured housing
unit or that a request for an adjustment to the sales price has been denied
shall have the right to dispute such a
determination within 60 business days
after receipt of such notice. The Regional Administrator shall reconsider
the original decision within 15 calendar
days after receipt of the appeal. The
appellant shall receive written notice
of the disposition of the dispute. The
decision of the Regional Administrator
is final.
(3) Termination of assistance provided through a FEMA lease agreement
shall be initiated with a 15-day written
notice after which the occupant shall
be liable for such additional charges as
are deemed appropriate by the Regional Administrator including, but
not limited to, the fair market rental
for the temporary housing residence.
(i) Grounds for termination. Temporary housing assistance may be terminated for reasons including, but not
limited to the following:
(A) Adequate alternate housing is
available to the occupant(s);

§ 206.101

(B) The temporary housing assistance was obtained either through misrepresentation or fraud; or
(C) Failure to comply with any term
of the lease/rental agreement.
(ii) Termination procedures. These procedures shall be utilized in all instances except when a State is administering the Temporary Housing Assistance program. States shall be subject
to their own procedures provided they
afford the occupant(s) with due process
safeguards described in paragraph
(m)(2)(v)(B) of this section.
(A) Notification to occupant. Written
notice shall be given by FEMA to the
occupant(s) at least 15 days prior to the
proposed termination of assistance.
This notice shall specify: the reasons
for termination of assistance/occupancy; the date of termination, which
shall be not less than 15 days after receipt of the notice; the administrative
procedure available to the occupant if
they wish to dispute the action; and
the occupant’s liability after the termination date for additional charges.
(B) Filing of appeal. If the occupant
desires to dispute the termination,
upon receipt of the written notice specified in paragraph (m)(2)(i) of this section, he/she shall present an appeal in
writing to the appropriate office in person or by mail within 60 days from the
date of the termination notice. The appeal must be signed by the occupant
and state the reasons why the assistance or occupancy should not be terminated. If a hearing is desired, the appeal should so state.
(C) Response to appeal. If a hearing
pursuant to paragraph (m)(2)(ii) of this
section has not been requested, the occupant has waived the right to a hearing. The appropriate program official
shall deliver or mail a written response
to the occupant within 5 business days
after the receipt of the appeal.
(D) Request for hearing. If the occupant requests a hearing pursuant to
paragraph (m)(2)(ii) of this section,
FEMA shall schedule a hearing date
within 10 business days from the receipt of the appeal, at a time and place
reasonably convenient to the occupant,
who shall be notified promptly thereof
in writing. The notice of hearing shall
specify the procedure governing the
hearing.

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§ 206.101

44 CFR Ch. I (10–1–10 Edition)

(E) Hearing—(1) Hearing officer. The
hearing shall be conducted by a Hearing Officer, who shall be designated by
the Regional Administrator, and who
shall not have been involved with the
decision to terminate the occupant’s
temporary housing assistance, nor be a
subordinate of any individual who was
so involved.
(2) Due process. The occupant shall be
afforded a fair hearing and provided the
basic safeguards of due process, including cross-examination of the responsible official(s), access to the documents on which FEMA is relying, the
right to counsel, the right to present
evidence, and the right to a written decision.
(3) Failure to appear. If an occupant
fails to appear at a hearing, the Hearing Officer may make a determination
that the occupant has waived the right
to a hearing, or may, for good cause
shown, postpone the hearing for no
more than 5 business days.
(4) Proof. At the hearing, the occupant must first attempt to establish
that continued assistance is appropriate; thereafter, FEMA must sustain
the burden of proof in justifying that
termination of assistance is appropriate. The occupant shall have the
right to present evidence and arguments in support of their complaint, to
controvert evidence relied on by
FEMA, and to cross examine all witnesses on whose testimony or information FEMA relies. The hearing shall be
conducted by the Hearing Officer, and
any evidence pertinent to the facts and
issues raised may be received without
regard to its admissibility under rules
of evidence employed in formal judicial
proceedings.
(F) Decision. The decision of the
Hearing Officer shall be based solely
upon applicable Federal and State law,
and FEMA regulations and requirements promulgated thereunder. The
Hearing Officer shall prepare a written
decision setting forth a statement of
findings and conclusions together with
the reasons therefor, concerning all
material issues raised by the complainant within 5 business days after the
hearing. The decision of the Hearing
Officer shall be binding on FEMA,
which shall take all actions necessary
to carry out the decision or refrain

from any actions prohibited by the decision.
(1) The decision shall include a notice
to the occupant that he/she must vacate the premises within 3 days of receipt of the written notice or on the
termination date stated in the original
notice of termination, as required in
paragraph (m)(2)(i) of this section,
whichever is later. If the occupant does
not quit the premises, appropriate action shall be taken and, if suit is
brought, the occupant may be required
to pay court costs and attorney fees.
(2) If the occupant is required to give
a specific number of days’ notice which
exceeds the number of days in the termination notice, the Regional Administrator may approve the payment of
rent for this period of time if requested
by the occupant.
(n) Disposition of temporary housing
units—(1) Acquisition. The Assistant Administrator for the Disaster Assistance
Directorate may purchase mobile
homes or other manufactured housing
units for those who require temporary
housing. After such temporary housing
is vacated, it shall be returned to one
of the FEMA-operated Strategic Storage Centers for refurbishment and storage until needed in a subsequent major
disaster or emergency. When returning
the unit to a Strategic Storage Center
is not feasible or cost effective, the Assistant Administrator for the Disaster
Assistance Directorate may prescribe a
different method of disposition in accordance with applicable Federal statutes and regulations.
(2) Sales—(i) Eligibility. When adequate alternate housing is not available, the Regional Administrator shall
make available for sale directly to a
temporary housing occupant(s) any
mobile home or manufactured housing
unit acquired by purchase, in accordance with the following:
(A) The unit is to be used as a primary residence;
(B) The purchaser has a site that
complies with local codes and ordinances as well as FEMA’s floodplain
management regulations at 44 CFR
part 9 (in particular § 9.13(e)); and

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Federal Emergency Management Agency, DHS
(C) The purchaser has sufficient
funds to purchase and, if necessary, relocate the unit. The Assistant Administrator for the Disaster Assistance Directorate may approve the sale of a
mobile home or manufactured housing
unit to a temporary housing occupant
when adequate alternate housing is
available but only when such sales are
clearly in the best interest of the Government.
(ii) Sales price. Units shall be sold at
prices that are fair and equitable to the
purchaser and to the Government, as
determined by the Assistant Administrator for the Disaster Assistance Directorate. The purchaser shall pay the
total sales price at the time of sale.
(iii) Adjustment to the sales price.
(A) Adjustments to the sales price
may be provided only when both of the
following conditions are met:
(1) There is a need to purchase the
unit for use as the purchaser’s primary
residence because other adequate alternate housing is unavailable. Adequate
alternate housing must meet the criteria in paragraph (c)(1) of this section,
and may consist of:
(i) Existing housing;
(ii) Additional resources such as disaster-damaged rental accommodations
which can reasonably be expected to be
repaired and become available in the
near future;
(iii) New housing construction or
housing to be made available through
Government subsidy which is included
in the immediate recovery plans for
the area; and
(iv) Residences which can be repaired
by the predisaster owner/occupant
through funds available from insurance, other disaster assistance programs, or through their own resources.
(2) In addition to his/her resources,
the purchaser cannot obtain sufficient
funds through insurance proceeds, disaster loans, grants, and commercial
lending institutions to cover the sales
price.
(B) To determine the adjusted sales
price, the current available financial
resources of the purchaser shall be calculated. If the financial resources are
equal to or greater than the basic sales
price, then no adjustment shall be approved. If the purchaser’s financial resources are less than the basic sales

§ 206.101

price, the sales price shall be adjusted
to take into consideration the financial
resources available but shall include
some consideration. Deviations from
this rule may be reviewed on a case-bycase basis by the Assistant Administrator for the Disaster Assistance Directorate.
(C) The Regional Administrator must
approve all adjustments to the sales
price of a mobile home.
(iv) Other conditions of sale.
(A) A unit shall be sold ‘‘as is, where
is’’ except for repairs necessary to protect health or safety, which are to be
completed prior to sale. There shall be
no implied warranties. In addition, the
purchaser must be informed that he/she
may have to bring the unit up to codes
and standards which are applicable at
the proposed site.
(B) In accordance with the Flood Disaster Protection Act of 1973, Public
Law 93–234, as amended, the sale of a
unit for the purpose of meeting the permanent housing need of an individual
or family may not be approved where
the unit would be placed in a designated special flood hazard area which
has been identified by the Administrator for at least 1 year as floodprone
unless the community in which the
unit is to be located after the sale is, at
the time of approval, participating in
the National Flood Insurance Program.
The purchaser must agree to buy and
maintain an adequate flood insurance
policy for as long as the unit is occupied by the purchaser. An adequate policy for purposes of this paragraph shall
mean one which provides coverage for
the basic sales price of the unit. The
purchaser must provide proof of purchase of the initial flood insurance policy.
(3) Transfer. The Assistant Administrator for the Disaster Assistance Directorate may lend temporary housing
units purchased under section 408(a) of
the Act directly to States, other Governmental entities, or voluntary organizations. Such transfers may be made
only in connection with a Presidential
declaration of a major disaster or
emergency. Donations may be made
only when it is in the best interest of
the Government, such as when future
re-use by the Federal Government
would not be economically feasible. As

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§ 206.101

44 CFR Ch. I (10–1–10 Edition)

a condition of such transfers, the Assistant Administrator for the Disaster
Assistance Directorate shall require
that the recipient:
(i) Utilize the units for the purpose of
providing temporary housing for victims of major disasters or emergencies
in accordance with the written agreement; and
(ii) Comply with the current applicable FEMA policies and regulations, including this section; 44 CFR part 9 (especially §§ 9.13 and 9.14), Floodplain
Management and Protection of Wetlands; 44 CFR part 10, Environmental
Considerations. The Assistant Administrator for the Disaster Assistance Directorate may order returned any temporary housing unit made available
under this section which is not used in
accordance with the terms of transfer.
(o) Reports. The Assistant Administrator for the Disaster Assistance Directorate, Regional Administrator, or
Federal Coordinating Officer may require from field operations such reports, plans, and evaluations as they
deem necessary to carry out their responsibilities under the Act and these
regulations.
(p) Federal responsibility. The Federal
financial and operational responsibility for the Temporary Housing Assistance program shall not exceed 18
months from the date of the declaration of the major disaster or emergency. This period may be extended in
writing by the Assistant Administrator
for the Disaster Assistance Directorate, based on a determination that
an extension is necessary and in the
public interest. The Regional Administrator may authorize continued use on
a non-reimbursable basis of Government property, office space, and equipment by a State, other Government entity, or voluntary organization after
the 18 month period.
(q) Applicant notification—(1) General.
All applicants for temporary housing
assistance will be notified regarding
the type and amount of assistance for
which they are qualified. Whenever
practicable, such notification will be
provided within 7 days of their application and will be in writing.
(2) Eligible applicants for temporary
housing assistance will be provided information regarding:

(i) All forms of housing assistance
available;
(ii) The criteria which must be met
to qualify for each type of assistance;
(iii) Any limitations which apply to
each type of assistance; and
(iv) The address and telephone number of offices responsible for responding
to appeals and requests for changes in
the type or amount of assistance provided.
(r) Location. In providing temporary
housing assistance, consideration will
be given to the location of:
(1) The eligible applicants’ home and
place of business;
(2) Schools which the eligible applicant or members of the household attend; and
(3) Agricultural activities which provide 25 percent or more of the eligible
applicants’ annual income.
(s) NonFederal administration of temporary housing assistance. A State may
request authority to administer all or
part of the temporary housing assistance program in the Governor’s request
for a declaration or in a subsequent
written request to the Regional Administrator from the Governor or his/her
authorized representative. The Associate Director shall approve such a request based on the Regional Administrator’s recommendation and based on
a finding that State administration is
both in the interest of the Federal Government and those needing temporary
housing assistance. The State must
have an approved plan prior to the incident and an approved operational
annex within 3 days of the declaration
in order to administer the program.
When administering the program the
State must comply with FEMA program regulations and policies.
(1) State temporary housing assistance
plan. (i) States which have an interest
in administering the Temporary Housing Assistance program shall be required to develop a plan that includes,
at a minimum, the items listed below:
(A) Assignment of temporary housing
assistance responsibilities to State
and/or local officials and agencies;
(B) A description of the program, its
functions, goals and objectives of the
program, and proposed organization
and staffing plan;
(C) Procedures for:

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Federal Emergency Management Agency, DHS
(1) Accepting applications at Disaster
Application Centers and subsequently
at a State established disaster housing
office;
(2) Determining eligibility utilizing
FEMA’s habitability contract and notifying applicants of the determination;
(3) Preventing duplication of benefits
between temporary housing assistance
and assistance from other means, as
well as a recoupment procedure when
duplication occurs;
(4) Providing the various types of assistance (home repairs, existing rental
resources, transient accommodations,
and mobile homes);
(5) Providing furniture assistance;
(6) Recertifying occupants for continued assistance;
(7) Terminating assistance;
(8) Contracting for services and/or
supplies;
(9) Quality control;
(10) Maintaining a management information system;
(11) Financial management;
(12) Public information;
(13) Processing appeals; and
(14) Arranging for a program review.
(ii) The Governor or his/her designee
may request the Regional Administrator to provide technical assistance
in the preparation of an administrative
plan.
(iii) The Governor or designee shall
submit the plan to the Regional Administrator for approval. Plans shall be
revised, as necessary, and shall be reviewed at least annually by the Regional Administrator.
(2) Operational annex. Prior to the
State administering the program, the
state must submit an operational
annex which tailors the approved State
plan to the particular disaster or emergency. The annex must be reviewed and
approved by the Regional Administrator within 3 days of the declaration
or the State shall not be permitted to
administer the program. The operational annex shall include but not be
limited to:
(i) Organization and staffing specific
to the major disaster or emergency;
(ii) Pertinent goals and management
objectives;
(iii) A proposed budget; and
(iv) A narrative which describes
methods for orderly tracking and proc-

§ 206.101

essing of applications; assuring timely
delivery of assistance; identification of
potential problem areas; and any deviations from the approved plan. The Regional Administrator may require additional annexes as necessary for subsequent phases of the operation.
(3) Evaluation of capability. State and
local government assumption of the
temporary housing assistance program
for a particular disaster shall be approved by the Assistant Administrator
for the Disaster Assistance Directorate
based on an evaluation of the capabilities and commitment of the entity by
the Regional Administrator. At a minimum, the evaluation shall include a
review of the following:
(i) The State temporary housing assistance plan which has been approved
by the Regional Administrator prior to
the incident, and the specific operational annex which has been approved
in accordance with paragraph (s)(2) of
this section.
(ii) Past performance in administration of temporary housing assistance
or other similar operations;
(iii) Management and staff capabilities; and
(iv) Demonstrated understanding of
the tasks to be performed.
(4) Grant application. Approval of
funding shall be obtained through submission of a project application by the
State or local government through the
Governor’s Authorized Representative.
The State shall maintain adequate documentation according to the requirements of 44 CFR part 13, Uniform Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments, to enable
analysis of the program. Final reimbursement to the State, or final debt
collection, shall be based on an examination of the voucher filed by the
State.
(5) Authorized costs. All expenditures
associated with administering the program are authorized if in compliance
with 44 CFR 13.22, Allowable Costs, and
the associated OMB Circular A–87, Cost
Principles for State and Local Governments. Examples of program costs allowable under the Temporary Housing
Assistance program include home repairs, costs associated with rental payments, reimbursements for temporary

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§§ 206.102–206.109

44 CFR Ch. I (10–1–10 Edition)

housing including transient accommodations and commercial site rental,
mobile home installation and maintenance, mobile home private site development, cost of supplemental assistance, mortgage and rental payments,
other necessary costs, when approved
by the Assistant Administrator for the
Disaster Assistance Directorate. All
contracts require the review and approval of the Regional Administrator
prior to award, in order to be considered as an authorized expenditure.
(6) Federal monitoring and oversight.
The Regional Administrator shall monitor State-administered activities since
he/she remains responsible for the overall delivery of temporary housing assistance. In addition, policy guidance
and interpretations to meet specific
needs of a disaster shall be provided
through the oversight function.
(7) Technical assistance. The Regional
Administrator shall provide technical
assistance as necessary to support
State-administered operations through
training, procedural issuances, and by
providing experienced personnel to assist the State and local staff.
(8) Operational resources. The Regional Administrator shall make available for use in State or locally administered temporary housing programs
Federal stand-by contracts, memoranda of understanding with Government and voluntary agencies, and Federal property, such as governmentowned mobile homes and travel trailers.
(9) Program reviews and audits. The
State shall conduct program review of
each operation. All operations are subject to Federal audit.
[55 FR 2296, Jan. 23, 1990, as amended at 61
FR 7224, Feb. 27, 1996; 64 FR 46853, Aug. 27,
1999; 67 FR 61460, Sept. 30, 2002; 74 FR 15347,
Apr. 3, 2009]

§§ 206.102–206.109

[Reserved]

wwoods2 on DSK1DXX6B1PROD with CFR

§ 206.110 Federal assistance to individuals and households.
(a) Purpose. This section implements
the policy and procedures set forth in
section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5174, as amended by
the Disaster Mitigation Act of 2000.
This program provides financial assist-

ance and, if necessary, direct assistance to eligible individuals and households who, as a direct result of a major
disaster or emergency, have uninsured
or under-insured, necessary expenses
and serious needs and are unable to
meet such expenses or needs through
other means.
(b) Maximum amount of assistance. No
individual or household will receive financial assistance greater than $25,000
under this subpart with respect to a
single major disaster or emergency.
FEMA will adjust the $25,000 limit annually to reflect changes in the Consumer Price Index (CPI) for All Urban
Consumers that the Department of
Labor publishes.
(c) Multiple types of assistance. One or
more types of housing assistance may
be made available under this section to
meet the needs of individuals and
households in the particular disaster
situation. FEMA shall determine the
appropriate types of housing assistance
to be provided under this section based
on considerations of cost effectiveness,
convenience to the individuals and
households and the suitability and
availability of the types of assistance.
An applicant is expected to accept the
first offer of housing assistance; unwarranted refusal of assistance may result
in the forfeiture of future housing assistance. Temporary housing and repair assistance shall be utilized to the
fullest extent practicable before other
types of housing assistance.
(d) Date of eligibility. Eligibility for
Federal assistance under this subpart
will begin on the date of the incident
that results in a presidential declaration that a major disaster or emergency exists, except that reasonable
lodging expenses that are incurred in
anticipation of and immediately preceding such event may be eligible for
Federal assistance under this chapter.
(e) Period of assistance. FEMA may
provide assistance under this subpart
for a period not to exceed 18 months
from the date of declaration. The Assistant Administrator for the Disaster
Assistance Directorate may extend this
period if he/she determines that due to
extraordinary circumstances an extension would be in the public interest.
(f) Assistance not counted as income.
Assistance under this subpart is not to

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Federal Emergency Management Agency, DHS
be counted as income or a resource in
the determination of eligibility for
welfare, income assistance or incometested benefit programs that the Federal Government funds.
(g) Exemption from garnishment. All
assistance provided under this subpart
is exempt from garnishment, seizure,
encumbrance, levy, execution, pledge,
attachment, release or waiver. Recipients of rights under this provision may
not reassign or transfer the rights.
These exemptions do not apply to
FEMA recovering assistance fraudulently obtained or misapplied.
(h) Duplication of benefits. In accordance with the requirements of section
312 of the Stafford Act, 42 U.S.C. 5155,
FEMA will not provide assistance
under this subpart when any other
source has already provided such assistance or when such assistance is
available from any other source. In the
instance of insured applicants, we will
provide assistance under this subpart
only when:
(1) Payment of the applicable benefits are significantly delayed;
(2) Applicable benefits are exhausted;
(3) Applicable benefits are insufficient to cover the housing or other
needs; or
(4) Housing is not available on the
private market.
(i) Cost sharing. (1) Except as provided
in paragraph (i)(2) of this section, the
Federal share of eligible costs paid
under this subpart shall be 100 percent.
(2) Federal and State cost shares for
‘‘Other Needs’’ assistance under subsections 408 (e) and (f) of the Stafford
Act will be as follows;
(i) The Federal share shall be 75 percent; and
(ii) The non-federal share shall be
paid from funds made available by the
State. If the State does not provide the
non-Federal share to FEMA before
FEMA begins to provide assistance to
individuals and households under subsection 408(e) of the Stafford Act,
FEMA will still process applications.
The State will then be obliged to reimburse FEMA for the non-Federal cost
share of such assistance on a monthly
basis. If the State does not provide
such reimbursement on a monthly
basis, then FEMA will issue a Bill for
Collection to the State on a monthly

§ 206.110

basis for the duration of the program.
FEMA will charge interest, penalties,
and administrative fees on delinquent
Bills for Collection in accordance with
the Debt Collection Improvement Act.
Cost shared funds, interest, penalties
and fees owed to FEMA through delinquent Bills for Collections may be offset from other FEMA disaster assistance programs (i.e. Public Assistance)
from which the State is receiving, or
future grant awards from FEMA or
other Federal Agencies. Debt Collection procedures will be followed as outlined in 44 CFR part 11.
(j) Application of the Privacy Act. (1)
All provisions of the Privacy Act of
1974, 5 U.S.C. 552a, apply to this subpart. FEMA may not disclose an applicant’s record except:
(i) In response to a release signed by
the applicant that specifies the purpose
for the release, to whom the release is
to be made, and that the applicant authorizes the release;
(ii) In accordance with one of the
published routine uses in our system of
records; or
(iii) As provided in paragraph (j)(2) of
this section.
(2) Under section 408(f)(2) of the Stafford Act, 42 U.S.C. 5174(f)(2), FEMA
must share applicant information with
States in order for the States to make
available any additional State and
local disaster assistance to individuals
and households.
(i) States receiving applicant information under this paragraph must protect such information in the same
manner that the Privacy Act requires
FEMA to protect it.
(ii) States receiving such applicant
information shall not further disclose
the information to other entities, and
shall not use it for purposes other than
providing additional State or local disaster assistance to individuals and
households.
(k) Flood Disaster Protection Act requirement. (1) The Flood Disaster Protection Act of 1973, Public Law 93–234,
as amended (42 U.S.C. 4106), imposes
certain restrictions on federal financial
assistance for acquisition and construction purposes. For the purpose of
this paragraph, financial assistance for
acquisition or construction purposes
means assistance to an individual or

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§ 206.111

44 CFR Ch. I (10–1–10 Edition)

household to buy, receive, build, repair
or improve insurable portions of a
home and/or to purchase or repair insurable contents. For a discussion of
what elements of a home and contents
are insurable, See 44 CFR part 61, Insurance Coverage and Rates.
(2) Individuals or households that are
located in a special flood hazard area
may not receive Federal Assistance for
National Flood Insurance Program
(NFIP)—insurable real and/or personal
property, damaged by a flood, unless
the community in which the property
is located is participating in the NFIP
(See 44 CFR part 59.1), or the exception
in 42 U.S.C. 4105(d) applies. However, if
the community in which the damaged
property is located qualifies for and enters the NFIP during the six-month period following the declaration, the Governor’s Authorized Representative may
request a time extension for FEMA (See
§ 206.112) to accept registrations and to
process assistance applications in that
community.
(3) Flood insurance purchase requirement: (i) As a condition of the assistance and in order to receive any Federal assistance for future flood damage
to any insurable property, individuals
and households named by FEMA as eligible recipients under section 408 of the
Stafford Act who receive assistance,
due to flood damages, for acquisition or
construction purposes under this subpart must buy and maintain flood insurance, as required in 42 U.S.C. 4012a,
for at least the assistance amount.
This applies only to real and personal
property that is in or will be in a designated Special Flood Hazard Area and
that can be insured under the National
Flood Insurance Program.
(A) If the applicant is a homeowner,
flood insurance coverage must be
maintained at the address of the flooddamaged property for as long as the address exists. The flood insurance requirement is reassigned to any subsequent owner of the flood-damaged address.
(B) If the applicant is a renter, flood
insurance coverage must be maintained
on the contents for as long as the
renter resides at the flood-damaged
rental unit. The restriction is lifted
once the renter moves from the rental
unit.

(C) When financial assistance is used
to purchase a dwelling, flood insurance
coverage must be maintained on the
dwelling for as long as the dwelling exists and is located in a designated Special Flood Hazard Area. The flood insurance requirement is reassigned to
any subsequent owner of the dwelling.
(ii) FEMA may not provide financial
assistance for acquisition or construction purposes to individuals or households who fail to buy and maintain
flood insurance required under paragraph (k)(3)(i) of this section or required by the Small Business Administration.
(l) Environmental requirements. Assistance provided under this subpart must
comply with the National Environmental Policy Act (NEPA) and other
environmental laws and Executive Orders, consistent with 44 CFR part 10.
(m) Historic preservation. Assistance
provided under this subpart generally
does not have the potential to affect
historic properties and thus is exempted from review in accordance with section 106 of the National Historic Preservation Act, with the exception of
ground disturbing activities and construction related to §§ 206.117(b)(1)(ii)
(Temporary housing), 206.117(b)(3) (Replacement housing), and 206.117(b)(4)
(Permanent housing construction).
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.111

Definitions.

Adequate, alternate housing means
housing that accommodates the needs
of the occupants; is within the normal
commuting patterns of the area or is
within reasonable commuting distance
of work, school, or agricultural activities that provide over 50 percent of the
household income; and is within the financial ability of the occupant.
Alternative housing resources means
any housing that is available or can
quickly be made available in lieu of
permanent housing construction and is
cost-effective when compared to permanent construction costs. Some examples are rental resources, mobile
homes and travel trailers.
Applicant means an individual or
household who has applied for assistance under this subpart.

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Federal Emergency Management Agency, DHS
Assistance from other means includes
monetary or in-kind contributions
from voluntary or charitable organizations, insurance, other governmental
programs, or from any sources other
than those of the applicant.
Dependent means someone who is
normally claimed as such on the Federal tax return of another, according to
the Internal Revenue Code. It may also
mean the minor children of a couple
not living together, where the children
live in the affected residence with the
parent or guardian who does not actually claim them on the tax return.
Displaced applicant means one whose
primary residence is uninhabitable, inaccessible, made unavailable by the
landlord (to meet their disaster housing need) or not functional as a direct
result of the disaster and has no other
housing available in the area, i.e., a
secondary home or vacation home.
Effective date of assistance means the
date that the applicant was determined
eligible for assistance.
Eligible hazard mitigation measures are
home improvements that an applicant
can accomplish in order to reduce or
prevent future disaster damages to essential components of the home.
Fair market rent means housing market-wide estimates of rents that provide opportunities to rent standard
quality housing throughout the geographic area in which rental housing
units are in competition. The fair market rent rates applied are those identified by the Department of Housing and
Urban Development as being adequate
for existing rental housing in a particular area.
Financial ability means the applicant’s capability to pay housing costs.
If the household income has not
changed subsequent to or as a result of
the disaster then the determination is
based upon the amount paid for housing before the disaster. If the household income is reduced as a result of
the disaster then the applicant will be
deemed capable of paying 30 percent of
gross post disaster income for housing.
When computing financial ability, extreme
or
unusual
financial
circumstances may be considered by the
Regional Administrator.
Financial assistance means cash that
may be provided to eligible individuals

§ 206.111

and households, usually in the form of
a check or electronic funds transfer.
Functional means an item or home
capable of being used for its intended
purpose.
Household means all persons (adults
and children) who lived in the pre-disaster residence who request assistance
under this subpart, as well as any persons, such as infants, spouse, or parttime residents who were not present at
the time of the disaster, but who are
expected to return during the assistance period.
Housing costs means rent and mortgage payments, including principal, interest, real estate taxes, real property
insurance, and utility costs.
Inaccessible means as a result of the
incident, the applicant cannot reasonably be expected to gain entry to his or
her pre-disaster residence due to the
disruption, or destruction, of access
routes or other impediments to access,
or restrictions placed on movement by
a responsible official due to continued
health, safety or security problems.
In-kind contributions mean something
other than monetary assistance, such
as goods, commodities or services.
Lodging expenses means expenses for
reasonable short-term accommodations
that individuals or households incur in
the immediate aftermath of a disaster.
Lodging expenses may include but are
not limited to the cost of brief hotel
stays.
Manufactured housing sites means
those sites used for the placement of
government or privately owned mobile
homes, travel trailers, and other manufactured housing units, including:
(1) Commercial site, a site customarily
leased for a fee, which is fully equipped
to accommodate a housing unit;
(2) Private site, a site that the applicant provides or obtains at no cost to
the Federal Government, complete
with utilities; and
(3) Group site, a site provided by the
State or local government that accommodates two or more units and is complete with utilities.
Necessary expense means the cost associated with acquiring an item or
items, obtaining a service, or paying
for any other activity that meets a serious need.

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§ 206.112

44 CFR Ch. I (10–1–10 Edition)

Occupant means a resident of a housing unit.
Owner-occupied means that the residence is occupied by:
(1) The legal owner;
(2) A person who does not hold formal
title to the residence and pays no rent,
but is responsible for the payment of
taxes or maintenance of the residence;
or
(3) A person who has lifetime occupancy rights with formal title vested in
another.
Permanent housing plan means a realistic plan that, within a reasonable
timeframe, puts the disaster victim
back into permanent housing that is
similar to the victim’s pre-disaster
housing situation. A reasonable timeframe includes sufficient time for securing funds, locating a permanent
dwelling, and moving into the dwelling.
Primary residence means the dwelling
where the applicant normally lives,
during the major portion of the calendar year; or the dwelling that is required because of proximity to employment, including agricultural activities,
that provide 50 percent of the household’s income.
Reasonable commuting distance means
a distance that does not place undue
hardship on an applicant. It also takes
into consideration the traveling time
involved due to road conditions, e.g.,
mountainous regions or bridges out
and the normal commuting patterns of
the area.
Safe means secure from disaster-related hazards or threats to occupants.
Sanitary means free of disaster-related health hazards.
Serious need means the requirement
for an item, or service, that is essential
to an applicant’s ability to prevent,
mitigate, or overcome a disaster-related hardship, injury or adverse condition.
Significantly delayed means the process has taken more than 30 days.
Uninhabitable means the dwelling is
not safe, sanitary or fit to occupy.
We, our, and us mean FEMA.

wwoods2 on DSK1DXX6B1PROD with CFR

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.112 Registration period.
(a) Initial period. The standard FEMA
registration period is 60 days following

the date that the President declares an
incident a major disaster or an emergency.
(b) Extension of the registration period.
The regional administrator or his/her
designee may extend the registration
period when the State requests more
time to collect registrations from the
affected population. The Regional Administrator or his/her designee may
also extend the standard registration
period when necessary to establish the
same registration deadline for contiguous counties or States.
(c) Late registrations. After the standard or extended registration period
ends, FEMA will accept late registrations for an additional 60 days. We will
process late registrations for those registrants who provide suitable documentation to support and justify the
reason for the delay in their registration.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.113

Eligibility factors.

(a) Conditions of eligibility. In general,
FEMA may provide assistance to individuals and households who qualify for
such assistance under section 408 of the
Stafford Act and this subpart. FEMA
may only provide assistance:
(1) When the individual or household
has incurred a disaster-related necessary expense or serious need in the
state in which the disaster has been declared, without regard to their residency in that state;
(2) In a situation where the applicant
has insurance, when the individual or
household files a claim with their insurance provider for all potentially applicable types of insurance coverage
and the claim is denied;
(3) In a situation where the applicant
has insurance, when the insured individual or household’s insurance proceeds have been significantly delayed
through no fault of his, her or their
own, and the applicant has agreed to
repay the assistance to FEMA or the
State from insurance proceeds that he,
she or they receive later;
(4) In a situation where the applicant
has insurance, when the insured individual or household’s insurance proceeds are less than the maximum

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Federal Emergency Management Agency, DHS
amount of assistance FEMA can authorize and the proceeds are insufficient to cover the necessary expenses
or serious needs;
(5) In a situation where the applicant
has insurance, when housing is not
available on the private market;
(6) In a situation where the applicant
has insurance, when the insured individual or household has accepted all assistance from other sources for which
he, she, or they are eligible, including
insurance, when the insured individual
or household’s insurance proceeds and
all other assistance are less than the
maximum amount of assistance FEMA
can authorize and the proceeds are insufficient to cover the necessary expense or serious needs;
(7) When the applicant agrees to refund to FEMA or the State any portion
of the assistance that the applicant receives or is eligible to receive as assistance from another source;
(8) With respect to housing assistance, if the primary residence has been
destroyed, is uninhabitable, or is inaccessible; and
(9) With respect to housing assistance, if a renter’s primary residence is
no longer available as a result of the
disaster.
(b) Conditions of ineligibility. We may
not provide assistance under this subpart:
(1) For housing assistance, to individuals or households who are displaced
from other than their pre-disaster primary residence;
(2) For housing assistance, to individuals or households who have adequate
rent-free housing accommodations;
(3) For housing assistance, to individuals or households who own a secondary or vacation residence within
reasonable commuting distance to the
disaster area, or who own available
rental property that meets their temporary housing needs;
(4) For housing assistance, to individuals or households who evacuated the
residence in response to official warnings solely as a precautionary measure
and who are able to return to the residence immediately after the incident;
(5) For housing assistance, for improvements or additions to the pre-disaster condition of property, except
those required to comply with local

§ 206.114

and State ordinances or eligible mitigation measures;
(6) To individuals or households who
have adequate insurance coverage and
where there is no indication that insurance proceeds will be significantly delayed, or who have refused assistance
from insurance providers;
(7) To individuals or households
whose damaged primary residence is
located in a designated special flood
hazard area, and in a community that
is not participating in the National
Flood Insurance Program, except that
financial assistance may be provided to
rent alternate housing and for medical,
dental, funeral expenses and uninsurable items to such individuals or
households. However, if the community
in which the damaged property is located qualifies for and enters the NFIP
during the six-month period following
the declaration then the individual or
household may be eligible;
(8) To individuals or households who
did not fulfill the condition to purchase
and maintain flood insurance as a requirement of receiving previous Federal disaster assistance;
(9) For business losses, including
farm businesses and self-employment;
or
(10) For any items not otherwise authorized by this section.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.114 Criteria for continued assistance.
(a) FEMA expects all recipients of assistance under this subpart to obtain
and occupy permanent housing at the
earliest possible time. FEMA may provide continued housing assistance during the period of assistance, but not to
exceed the maximum amount of assistance for the program, based on need,
and generally only when adequate, alternate housing is not available or
when the permanent housing plan has
not been fulfilled through no fault of
the applicant.
(b) Additional criteria for continued assistance. (1) All applicants requesting
continued rent assistance must establish a realistic permanent housing plan
no later than the first certification for
continued assistance. Applicants will
be required to provided documentation

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§ 206.115

44 CFR Ch. I (10–1–10 Edition)

showing that they are making efforts
to obtain permanent housing.
(2) Applicants requesting continued
rent assistance must submit rent receipts to show that they have exhausted the FEMA rent funds, and provide documentation identifying the
continuing need.
(3) FEMA generally expects that predisaster renters will use their initial
rental assistance to obtain permanent
housing. However, we may certify
them, during the period of assistance,
for continued rent assistance when adequate, alternate housing is not available, or when they have not realized a
permanent housing plan through no
fault of their own.
(4) FEMA may certify pre-disaster
owners for continued rent assistance,
during the period of assistance, when
adequate, alternate housing is not
available, or when they have not realized a permanent housing plan through
no fault of their own.
(5) Individuals or households requesting additional repair assistance will be
required to submit information and/or
documentation identifying the continuing need.
(6) Individuals or households requesting additional assistance for personal
property, transportation, medical, dental, funeral, moving and storage, or
other necessary expenses and serious
needs will be required to submit information and/or documentation identifying the continuing need.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

wwoods2 on DSK1DXX6B1PROD with CFR

§ 206.115

Appeals.

(a) Under the provisions of section
423 of the Stafford Act, applicants for
assistance under this subpart may appeal any determination of eligibility
for assistance made under this subpart.
Applicants must file their appeal within 60 days after the date that we notify
the applicant of the award or denial of
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
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]

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Federal Emergency Management Agency, DHS
§ 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]

wwoods2 on DSK1DXX6B1PROD with CFR

§ 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
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

§ 206.117

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:

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§ 206.117

44 CFR Ch. I (10–1–10 Edition)

(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.
(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 replacement 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.

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Federal Emergency Management Agency, DHS
(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
(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 res-

§ 206.118

toration 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), Temporary 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

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§ 206.119

44 CFR Ch. I (10–1–10 Edition)

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.

wwoods2 on DSK1DXX6B1PROD with CFR

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.119 Financial assistance to address other needs.
(a) Purpose. FEMA and the State may
provide financial assistance to individuals and households who have other
disaster-related necessary expenses or
serious needs. To qualify for assistance
under this section, an applicant must
also:

(1) Apply to the United States Small
Business Administration’s (SBA) Disaster Home Loan Program for all available assistance under that program;
and
(2) Be declined for SBA Disaster
Home Loan Program assistance; or
(3) Demonstrate that the SBA assistance received does not satisfy their
total necessary expenses or serious
needs arising out of the major disaster.
(b) Types of assistance. (1) Medical,
dental, and funeral expenses. FEMA
may provide financial assistance for
medical, dental and funeral items or
services to meet the disaster-related
necessary expenses and serious needs of
individuals and households.
(2) Personal property, transportation,
and other expenses.
(i) FEMA may provide financial assistance for personal property and
transportation items or services to
meet the disaster-related necessary expenses and serious needs of individuals
and households.
(ii) FEMA may provide financial assistance for other items or services
that are not included in the specified
categories for other assistance but
which FEMA approves, in coordination
with the State, as eligible to meet
unique disaster-related necessary expenses and serious needs of individuals
and households.
(c) Eligible costs—(1) Personal property.
Necessary expenses and serious needs
for repair or replacement of personal
property are generally limited to the
following:
(i) Clothing;
(ii) Household items, furnishings or
appliances;
(iii) Tools, specialized or protective
clothing, and equipment required by an
employer as a condition of employment;
(iv) Computers, uniforms, schoolbooks and supplies required for educational purposes; and
(v) Cleaning or sanitizing any eligible
personal property item.
(2) Transportation. Necessary expenses or serious needs for transportation are generally limited to the following:
(i) Repairing or replacing vehicles;
and

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Federal Emergency Management Agency, DHS
(ii) Financial assistance for public
transportation and any other transportation related costs or services.
(3) Medical expenses. Medical expenses
are generally limited to the following:
(i) Medical costs;
(ii) Dental costs; and
(iii) Repair or replacement of medical
equipment.
(4) Funeral expenses. Funeral expenses
are generally limited to the following
(i) Funeral services;
(ii) Burial or cremation; and
(iii) Other related funeral expenses.
(5) Moving and storage expenses. Necessary expenses and serious needs related to moving and storing personal
property to avoid additional disaster
damage generally include storage of
personal property while disaster-related repairs are being made to the primary residence, and return of the personal property to the individual or
household’s primary residence.
(6) Other. Other disaster-related expenses not addressed in this section
may include:
(i) The purchase of a Group Flood Insurance Policy as described in paragraph (d) of this section.
(ii) Other miscellaneous items or
services that FEMA, in consultation
with the State, determines are necessary expenses and serious needs.
(d) Group Flood Insurance purchase.
Individuals identified by FEMA as eligible for ‘‘Other Needs’’ assistance
under section 408 of the Stafford Act as
a result of flood damage caused by a
Presidentially-declared major disaster
and who reside in a special flood hazard
area (SFHA) may be included in a
Group Flood Insurance Policy (GFIP)
established under the National Flood
Insurance Program (NFIP) regulations
at 44 CFR 61.17.
(1) The premium for the GFIP is a
necessary expense within the meaning
of this section. FEMA or the State
shall withhold this portion of the Other
Needs award and provide it to the NFIP
on behalf of individuals and households
who are eligible for coverage. The coverage shall be equivalent to the maximum assistance amount established
under section 408 of the Stafford Act.
(2) FEMA or the State IHP staff shall
provide the NFIP with records of individuals who received an ‘‘Other Needs’’

§ 206.120

award and are to be insured through
the GFIP. Records of ‘‘Other Needs’’
applicants to be insured shall be accompanied by payments to cover the
premium amounts for each applicant
for the 3-year policy term. The NFIP
will then issue a Certificate of Flood
Insurance to each applicant. Flood insurance coverage becomes effective on
the 30th day following the receipt of
records of GFIP insureds and their premium payments from the State or
FEMA, and such coverage terminates
36 months from the inception date of
the GFIP, which is 60 days from the
date of the disaster declaration.
(3) Insured applicants would not be
covered if they are determined to be ineligible for coverage based on a number
of exclusions established by the NFIP.
Therefore,
once
applicants/policyholders receive the Certificate of Flood
Insurance that contains a list of the
policy exclusions, they should review
that list to see if they are ineligible for
coverage. Those applicants who fail to
do this may find that their property is,
in fact, not covered by the insurance
policy when the next flooding incident
occurs and they file for losses. Once the
applicants find that their damaged
buildings, contents, or both, are ineligible for coverage, they should notify
the NFIP in writing in order to have
their names removed from the GFIP,
and to have the flood insurance maintenance requirement expunged from
the data-tracking system.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 206.120 State administration of other
needs assistance.
(a) State administration of other needs
assistance. A State may request a grant
from FEMA to provide financial assistance to individuals and households in
the State under § 206.119. The State
may also expend administrative costs
not to exceed 5 percent of the amount
of the grant in accordance with section
408(f)(1)(b) of the Stafford Act. Any
State that administers the program to
provide financial assistance to individuals and households must administer
the program consistent with § 206.119
and the State Administrative Option
and the State Administrative Plan

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§ 206.120

44 CFR Ch. I (10–1–10 Edition)

that we describe at paragraph (b) and
(c) of this section.
(b) State administrative options. The
delivery of assistance under § 206.119 is
contingent upon the State choosing an
administrator for the assistance. The
State may either request that FEMA
administer the assistance or the State
may request a grant from FEMA for
State administration. The Governor or
designee will execute the State Administrative Option annually. During nondisaster periods the State may submit
any proposed amendments to the administrative option in writing to the
FEMA Regional Administrator. FEMA
shall review the request and respond to
the Governor or his/her designee within
45 days of receipt of the proposed
amendment;
(c) State Administrative Plan (SAP).
The delivery of assistance by a State
under this section is contingent upon
approval of a SAP, which describes the
procedures the State will use to deliver
assistance under section 408 of the
Stafford Act, 42 U.S.C. 5174, when a
State requests a grant to administer
Other Needs assistance. All implementation procedures must be in compliance with Federal laws and requirements, State laws and procedures, and
paragraphs (c) and (d) of this section.
(1) Timeframe for submission of SAP. A
signed SAP, or renewal, must be provided to the FEMA Regional Administrator prior to November 30 of each
year. A SAP shall be effective for at
least one year, and must be resubmitted in full every three years.
(2) Renewals. Annual updates/revisions to the SAP must be submitted by
November 30 of each year for FEMA’s
review and approval by December 31. If
the SAP does not need to be updated/
revised, a letter from the State stating
the SAP is still current must be submitted by November 30 to document
the SAP submission requirement.
(3) Amendments. The State may request amendments to the SAP at any
time. An amendment is effective upon
signature by the FEMA Regional Administrator and the Governor or his/
her designee. The State may request an
amendment to the administrative plan
as follows:
(i) During non-disaster periods. The
State may submit any proposed amend-

ments to the SAP in writing to the
FEMA Regional Administrator. FEMA
shall review the request and respond to
the Governor or his/her designee within
45 days of receipt of the proposed
amendment;
(ii) During Presidentially-declared disasters. The State shall submit any proposed amendments to the SAP in writing to FEMA within three days after
disaster declaration. FEMA shall review the request and respond to the
Governor or his/her designee within
three days of receipt.
(d) State administrative plan requirements. The State shall develop a plan
for the administration of the Other
Needs assistance that describes, at a
minimum, the following items:
(1) Assignment of grant program responsibilities to State officials or agencies.
(2) Staffing Schedule that identifies
the position, salary and percent of time
for each staff person assigned to program administration and/or implementation.
(3) Procedures for interaction with
applicants:
(i) Procedures for notifying potential
applicants of the availability of the
program, to include the publication of
application deadlines, pertinent program descriptions, and further program
information on the requirements which
must be met by the applicant in order
to receive assistance;
(ii) Procedures for registration and
acceptance of applications, including
late applications, up to the prescribed
time limitations as described in
§ 206.112;
(iii) Procedures for damage inspection and/or other verifications.
(iv) Eligibility determinations.
(A) Under a cooperative agreement: The
procedure for eligibility determinations when the FEMA application and
inspection systems are used by the
State but additional eligibility criteria
are necessary to make State eligibility
determinations.
(B) Under a grant: The procedure for
eligibility determinations when the
FEMA application and inspection systems are not used by the State, including the method for determination of
costs for personal property and provision of a standard list for personal

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Federal Emergency Management Agency, DHS
property items with allowable costs
identified for each item.
(v) Procedures for checking compliance for mandated flood insurance in
accordance with § 206.110(k);
(vi) Procedures for notifying applicants of the State’s eligibility decision;
(vii) Procedures for disbursement of
funds to applicants;
(viii) Procedures for applicant appeal
processing. Procedures must provide
for any appealable determination as
identified in § 206.115(a);
(ix) Procedures for expeditious reporting of allegations of fraud, waste
or abuse to DHS Office of Inspector
General.
(x) Capacity to investigate allegations of waste, fraud and abuse independently if requested by DHS OIG, or
in conjunction with DHS OIG.
(xi) Provisions for safeguarding the
privacy of applicants and the confidentiality of information, in accordance
with § 206.110(j).
(xii) Provisions for complying with
§ 206.116(b), Recovery of funds.
(4) Procedures for financial management, accountability and oversight.
(i) Procedures for verifying by random sample that assistance funds are
meeting applicants’ needs, are not duplicating assistance from other means,
and are meeting flood insurance requirements.
(ii) Provisions for specifically identifying, in the accounts of the State, all
Federal and State funds committed to
each grant program; and for immediately returning, upon discovery, all
Federal funds that are excess to program needs.
(iii) Provisions for accounting for
cash in compliance with State law and
procedure and the Cash Management
Improvement Act of 1990, as amended.
(iv) Reports.
(A) Procedures for preparing and submitting quarterly and final Financial
Status Reports in compliance with 44
CFR 13.41.
(B) Procedures for submitting Program Status Reports in compliance
with paragraph (f)(2)(iii) of this section.
(C) Procedures for preparing and submitting the PSC 272, Federal Cash
Transactions Report.

§ 206.120

(v) Procedures for inventory control,
including a system for identifying and
tracking placement of equipment purchased with grant funds or loaned by
FEMA to the State for purposes of administering the Individuals and Households Program.
(vi) Procedures for return of funds to
FEMA.
(vii) State criteria and requirements
for closing out Federal grants.
(viii) Process for retention of records.
(e) Application for assistance procedure.
This section describes the procedures
that must be followed by the State to
submit an application to administer
the Individuals and Households Program through a Grant Award or a Cooperative Agreement.
(1) The State must submit an Other
Needs assistance application to the Regional Administrator within 72 hours
of the major disaster declaration before IHP assistance may be provided.
FEMA will work with the State to approve the application or to modify it so
it can be approved.
(2) The application shall include:
(i) Standard Form (SF) 424, Application for Federal Assistance;
(ii) FEMA Form (FF) 20–20 Budget Information—Non
Construction
Programs;
(iii) Copy of approved indirect cost
rate from a Federal cognizant agency if
indirect costs will be charged to the
grant. Indirect costs will be included in
the administrative costs of the grant
allowed under paragraph (a) of this section; and
(iv) Disaster specific changes to the
State Administrative Plan, if applicable.
(f) Grants management oversight—(1)
Period of assistance. All costs must be
incurred within the period of assistance, which is 18 months from the date
of the disaster declaration. This period
of assistance may be extended if requested in writing by the State and approved in writing by the Assistant Administrator for the Disaster Assistance
Directorate. The State must include a
justification for an extension of the assistance period.
(2) Reporting requirements. (i) The
State shall provide financial status reports, as required by 44 CFR 13.41.

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§§ 206.121–206.130

44 CFR Ch. I (10–1–10 Edition)

(ii) The State shall provide copies of
PSC 272, Federal Cash Transactions Report to FEMA. The PSC 272 is required
quarterly by the Department of Health
and Human Services from users of its
SMARTLINK service.
(iii) The State shall provide weekly
program status reports which include
the number and dollar amount of applications approved, the amount of assistance disbursed and the number of appeals received.
(3) Ineligible costs. Funds provided to
the State for the administrative costs
of administering Other Needs assistance shall not be used to pay regular
time for State employees, but may be
used to pay overtime for those employees.
(4) Closeout. The State has primary
responsibility to closeout the tasks approved under the Grant Award. In compliance with the period of assistance,
as identified in the award, the State
must reconcile costs and payments, resolve negative audit findings, and submit final reports within 90 days of the
end of the period of assistance. The
State must also provide an inventory
of equipment purchased with grant
funds and loaned to it by FEMA for
purposes of administering IHP, which
lists the items, dates, and costs of
equipment purchased.
(5) Recovery of funds. The State is responsible for recovering assistance
awards from applicants obtained fraudulently, expended for unauthorized
items or services, expended for items
for which assistance is received from
other means, and awards made in error.
(i) Adjustments to expenditures will
be made as funding is recovered and
will be reported quarterly on the Financial Status Report.
(ii) A list of applicants from whom
recoveries are processed will be submitted on the quarterly progress report
to allow FEMA to adjust its program
and financial information systems.
(iii) The State will reimburse FEMA
for the Federal share of awards not recovered through quarterly financial adjustments within the 90 day close out
liquidation period of the grant award.
(iv) If the State does not reimburse
FEMA within the 90 day close out liquidation period, a bill for collection
will be issued. FEMA will charge inter-

est, penalties, and administrative fees
on delinquent bills for collection in accordance with the Debt Collection Improvement Act. Recovered funds, interest, penalties, and fees owed to FEMA
through delinquent bills for collection
may be offset from other FEMA disaster assistance programs from which
the State is receiving funds or future
grant awards from FEMA or other Federal agencies. Debt collection procedures will be followed as outlined in 44
CFR part 11.
(6) Audit requirements. Pursuant to 44
CFR 13.26, uniform audit requirements
apply to all grants provided under this
subpart.
(7) Document retention. Pursuant to 44
CFR 13.42, States are required to retain
records, including source documentation, to support expenditures/costs incurred against the grant award, for 3
years from the date of submission to
FEMA of the final Financial Status Report. The State is responsible for resolving questioned costs that may result from an audit conducted during
the three-year record retention period
and for returning disallowed costs from
ineligible activities.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, 62897,
Oct. 9, 2002]

§§ 206.121–206.130

[Reserved]

Subpart E—Individual and Family
Grant Programs
§ 206.131 Individual and Family Grant
Program for major disasters declared on or before October 14,
2002.
(a) General. The Governor may request that a Federal grant be made to
a State for the purpose of such State
making grants to individuals or families who, as a result of a major disaster, are unable to meet disaster-related necessary expenses or serious
needs for Presidentially-declared major
disasters declared on or before October
14, 2002 (Note that the reference to section 411 of the Stafford Act refers to
prior legislation amended by the Disaster Mitigation Act 2000). The total
Federal grant under this section will be
equal to 75 percent of the actual cost of
meeting necessary expenses or serious
needs of individuals and families, plus

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