FEMA Housing Horror. 12-17-13

President Barack Obama
White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear President Obama:

I know that you are a father, and you have demonstrated that you have compassion for children. I was somebody’s daughter. I am imploring you to help me as you would wish someone to help your own daughters.

I am a severely disabled SuperStorm Sandy Survivor who is being discriminated against on the basis of my disability in temporary housing. On Saturday, I am due to be put out in the cold for Christmas.

I have enclosed for your information my 3 page letter to U.S. Senator Gillibrand, which explains the chronology of the problem. I have also enclosed the letter of Substantial Damage on my house issued by the Town of Hempstead. FEMA completely missed the substantial damage and grossly miscalculated the cost of restoration of my house, which is the sole reason I am still homeless and begging my president to help me.

FEMA refuses to communicate with me in any way because I filed a Civil Rights Complaint. They refused to answer my 504 Appeal, saying they don’t answer Appeals. The Department of Justice will not help me, saying FEMA has complete jurisdiction. FEMA forced me to sign a DHAP paper against my will and turned me over to DHAP, which has steadfastly refused to consider my special needs and refuses to keep me at the hotel, saying it is “illegal.” They have tried in no way to help me.

I am asking for a Congressional Investigation of my case and the unwillingness/inability of the Disaster Recovery Programs and Agencies to help me as a disabled individual, and the harassment, abuse and pain I have endured because of their inadequacies. I wish to testify before Congress.

Thank you very much for your consideration and anticipated assistance.

Wendy Wagner

December 14, 2013

Honorable Kirsten Gillibrand
United States Senator for New York
780 3rd Avenue, suite 2601
New York, NY 10017
Fax: 866-824-6340

RE: Discrimination on the Basis of Disability by United States Federal Disaster
Assistance/Recovery Programs, Policies, Practices, Agencies
Attention: Sandy Relief

Dear Senator Gillibrand:

I am a severely disabled SuperStorm Sandy Survivor who desperately needs your help.

To summarize: I was notified on Friday, December 13, 2013 that I am Officially Denied participation in the DHAP/HUD Housing Program that is available to all able-bodied SuperStorm Sandy Survivors. In addition, FEMA refuses to answer my 504 Reasonable Accommodation Appeal. This is my second appeal for Temporary Housing/Hotel Reasonable Accommodation. I was informed of the first appeal, “We never answer Appeals.” I am told FEMA flipped this Appeal over to DHAP: DHAP cut me off because I am pursuing Reasonable Accommodation for my medical limitations.

**Next Saturday, I will be without a place to stay. I need help by December 21, 2013.

I have been for 14 months discriminated against by U.S. Disaster Recovery Programs and Agencies solely on the basis of my disability: even though they have my medical documentation, and are informed of the serious medical implications.

Before the flood, I was in a hospital bed all day due to Spinal Cord Injury with Severe Autonomic Dysfunction, with serious medical implications. I was functional: a disability advocate and ADA Consultant for 36 years. I require an electric wheelchair, oxygen and traction equipment, and a deep water therapy tub. I lost $50,000 in medical equipment, my home, and all my belongings in a SuperStorm sewage surge.

I began staying at Best Western at Bar Harbour in Massapequa Park in November 2012, after my home was totaled. This was the only place I found where I could function independently. It is close to my doctors, medical care, and my support network: my physical therapist treats me here, oxygen and medication are delivered.

Immediately, FEMA sought to remove me from the hotel, denying payment. They sent two agents to my room after dark to convince me to leave. I had to call for help to get them to go. When I did not attend a Housing meeting, they reported me to Adult Protective Services: I was followed around and threatened with police action for weeks.

Wendy Wagner. RE: Discrimination on the Basis of Disability

At that time, my house was estimated at $105,000 to restore. FEMA inspected it and awarded me $5,400 for repairs, telling me I could do it with that and “free help.” There was no free help. I remained homeless through inadequate funding. FEMA also failed to recognize my home had floated off its foundation, sustaining “substantial damage.”

In January xxxxxxx xxxxx and xxxxx xxxxxx of NYS FEMA designated a “team” to work with me. Mr. xxxxxx told us with witnesses that I would be kept in this Hotel room as Reasonable Accommodation under a “Direct Lease Program worked out by our Legal Department,” I trusted him. All of my information was removed by them from the system and everything was fine until May.

In mid May, xxxxx xxxxx and xxxxx xxxxxxxxxxx began harassing me: showing up at my room unannounced, telling me I must leave the hotel. xxxxx asked the Town of Hempstead Building Department to inspect my house, telling me if the report was conclusive, she would get me “total,” $31,900. Then I would be allowed to apply for the Empire State Grant. However, when the report came back that my foundation was “substantially damaged,” she said, “”You are getting not one penny more.”

They claimed the Transitional Sheltering Program was ending and I had to leave the Hotel or be removed. I informed xxxxx and xxxxx I had an agreement with xxxxxxx xxxxx for a Direct Lease of the room. They laughed at me: until one day they told me to call him. I made an appointment. When I called, he had an army of 13 advisors in the room, including 3 Legal Counsel. He said he was leaving FEMA on Friday, and that NYS never implemented the Direct Lease Program for this disaster so the “Gentleman’s Agreement” (“I don’t need to put it on paper. I am a man of my word.”) was leaving on Friday with him. There was nothing he could do.

Immediately after Mr. xxxxx left, I got a harsh letter from xxxxx xxxx, the tyrant who replaced him. Over the next weeks, he bombarded me with ever-changing demands to sign various agreements that I would give him multiple concessions in return for 90 days at the Hotel. Immediately after I finally signed an Agreement under threat of being thrown out “tomorrow morning,” Mr. xxxxx declared the Agreement was invalid, because I “do not have all of the building materials to restore the house in the yard at this time..” He demanded I sign the DHAP Agreement or he would throw me out of the hotel now.

xxxxx and xxxxx threatened. xxxxx called, over two weeks, with, “I don’t want to put you out in the street, but I will.” If I did not sign the DHAP paper “today.” Every day was the “last day” deadline. On July 16 xxxxx showed up at my door against my wishes.
She would not leave until I signed all DHAP papers. I was crying. She assured me that DHAP would keep me at the hotel: they had all my medicals, executives were briefed, and “They cannot find appropriate accommodations, so will have to keep you here.”

Wendy Wagner. RE: Discrimination on the Basis of Disability

Later, I was told by FEMA that if I attended the DHAP Orientation, FEMA would “consider the Reasonable Accommodation Appeal.” Two men from DHAP conducted it in my Hotel Room. One said they could keep me at the hotel, the other said he was not sure but he could see why they needed to. When I heard nothing, I called Ms. xxxxx. She said they will not keep me here, it is “illegal,” and said I must deal with xxxxxxxx. I called xxxxxxxx and she parroted Ms. xxxxx. After repeated negatives from her, I said, “So you are going to do nothing to help me. She snapped, “What did you say I said?
I didn’t say that!” I said, “You implied it.”. She said she would inquire. I never heard.

On September 15, 2013 the TSA Hotel Program ended. United Way paid for my Hotel for 6 weeks. I paid for the hotel for the past 6 weeks: the money runs out on Saturday.

I was informed if I did not again sign the Family Obligation form I signed in July under duress with xxxxx, they would cut off my eligibility for DHAP. Two weeks ago I modified that form for handicapped and faxed it to DHAP. They refuse to accept it. Friday I was “Officially” denied DHAP. They never ever tried to help me or accommodate my disability in any way. FEMA abandoned me, breaching Stafford Act protections for disabled individuals.

The reason I object to signing the DHAP paper is because it specifically states that if you sign and then do not chose to stay in the Program, you are barred from returning to any FEMA Program. I have two Open Appeals with FEMA pertinent to Temporary Housing Denial and Harassment. The agencies are collaborating to protect each other.

I am enclosing my medical reports and asking you to please help me. My “substantially damaged” house is being considered for Acquisition by NYS or Bulldoze/Rebuild by NY Rising. Thank you sincerely for your help.

Best regards,
Wendy Wagner

cc: President Barack Obama
Congressman Peter King
Congresswoman Caroline McCarthy
Senator Charles Fuschillo, Jr.
Senator Charles Schumer

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