TRO issued: evacuees in hotels a bit longer
Per yesterday's court order in the ongoing McWaters v. FEMA class action, Gulf Coast evacuees living in hotels in any state get to stay through at least Jan. 7 and possibly Feb. 7.
There are several more important housing-related details in the full text of the Temporary Restraining Order by Judge Duval of the Eastern District of Louisiana federal court. The document begins with a bracing description of the Katrina disaster's toll, then proceeds into an analysis beginning: "The Government's primary defense is sovereign immunity." All worth reading but if you want to cut to the chase, the actual terms of the court order begin on Page 24.
It says what's now known as "the Short-Term Lodging Program" -- that's the hotel program -- is not to stop any sooner than Feb. 7... also that any current hotel resident in the program gets two weeks after receiving any definite eligibility decision before having to move out, unless Feb. 7 comes first... FEMA has to stop requiring applicants for Temporary Housing Assistance to complete SBA loan applications as well.
On the other hand, the judge denied a request to stop FEMA's application of the "Shared Household Rule," which prevents unrelated people who were roommates at the time of the disaster from collecting aid separately, and he refused to impose a definite timetable for FEMA's processing of remaining pending applications for aid. The judge wouldn't issue an order either when it came to "re-certifying" the benefits of people who received $2,358 initial aid grants and were threatened with aid cutoffs because they spent that money for purposes other than rent. However, the judge noted FEMA has already agreed to continue aid to people in this category if they sign sworn statements saying they were never told their use of the money was restricted.
It doesn't sound like anyone involved in the case is thrilled about keeping people in hotels over the long term. Judge Duval wrote: "The Court is well aware that this remedy is neither a panacea for those in hotels and motels nor for the Government."
Meanwhile FEMA has been catching hell from several additional sides, including the New York Times.
There are several more important housing-related details in the full text of the Temporary Restraining Order by Judge Duval of the Eastern District of Louisiana federal court. The document begins with a bracing description of the Katrina disaster's toll, then proceeds into an analysis beginning: "The Government's primary defense is sovereign immunity." All worth reading but if you want to cut to the chase, the actual terms of the court order begin on Page 24.
It says what's now known as "the Short-Term Lodging Program" -- that's the hotel program -- is not to stop any sooner than Feb. 7... also that any current hotel resident in the program gets two weeks after receiving any definite eligibility decision before having to move out, unless Feb. 7 comes first... FEMA has to stop requiring applicants for Temporary Housing Assistance to complete SBA loan applications as well.
On the other hand, the judge denied a request to stop FEMA's application of the "Shared Household Rule," which prevents unrelated people who were roommates at the time of the disaster from collecting aid separately, and he refused to impose a definite timetable for FEMA's processing of remaining pending applications for aid. The judge wouldn't issue an order either when it came to "re-certifying" the benefits of people who received $2,358 initial aid grants and were threatened with aid cutoffs because they spent that money for purposes other than rent. However, the judge noted FEMA has already agreed to continue aid to people in this category if they sign sworn statements saying they were never told their use of the money was restricted.
It doesn't sound like anyone involved in the case is thrilled about keeping people in hotels over the long term. Judge Duval wrote: "The Court is well aware that this remedy is neither a panacea for those in hotels and motels nor for the Government."
Meanwhile FEMA has been catching hell from several additional sides, including the New York Times.
posted by Martha Bridegam at 9:39 AM
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