In a strongly worded ruling, a New Orleans federal judge this week ordered the Federal Emergency Management Agency to stop cutting off rental assistance to low-income Hurricane Katrina and Rita evacuees without giving them advance written notice of reasons for the action or telling them they have a right a hearing on the matter.
She didn't say FEMA has to give them aid, or keep giving it forever. She said FEMA has to tell them first before shutting them out. There's nothing in there to say that even if FEMA gave notice, it still couldn't end payments.
December 12, 2006
In 2005 FEMA determined, pursuant to a presidential disaster declaration, that the evacuees from Hurricanes Katrina and Rita qualified for short-term housing rental assistance under Section 403 of the Stafford Act. However, in February of this year, FEMA attempted to transfer those evacuees that were eligible to its longer-term Section 408 housing program, which provides up to 18 months of housing assistance to disaster evacuees. During this transfer process, FEMA would ultimately deny the Section 408 applications of thousands of evacuees, and after 30 days notice, terminate their Section 403 benefits.
The court ordered the aid restored retroactively, so affected families are to receive checks for past payments from Sept. 1 to now, and continued assistance until February 2007, or until FEMA gives them adequate notice of why they were ineligible. The ruling affects families mostly in Texas and Louisiana who received FEMA rental assistance.