Letter to FEMA on Denial of Reasonable Accommodation. 12-27-13

Federal Emergency Management Agency
Joint Field Office / Hurricane Sandy
Federal Coordinating Officer / Disaster Recovery Manager

RE: Reasonable Accommodation in Temporary Housing

December 27, 2013

Dear Federal Coordinating Officer:

As you are aware, FEMA stopped paying for my temporary housing, despite Stafford Act Protections for disabled individuals, on September 15, 2013, when they removed all able-bodied individuals from Hotels, ending the Temporary Housing Assistance Program.

As you know, xxxxxxx xxxxx, your predecessor, repeatedly committed to keeping me at this hotel, renting this room under a Direct Lease Program, if the TSA Program ended, until I could return home. I had personal conversations with Xxxxxxx and Xxxxx xxxxxx on this: he designated a “team” specifically to work on my case. They were the only FEMA allowed to speak with me: he removed all my personal information from the system. I was not contacted again until xxxxxxx xxxxx was leaving FEMA in June 2013 for a job with a different agency.

I am still in a hotel solely and exclusively because FEMA missed Substantial Damage in their Inspection of my house and gave me an unreasonable repair grant of $5,035 for my substantially damaged, and now toxic, house.

You have read my medical files, documenting medical limitations and hazards: why I require special options and consideration in housing. Let us be clear, my home accommodated all my needs: my home is not available to me now! I am adjudicated permanently totally disabled for 36 years and the grave implications of my unusual condition are voluminously documented. Despite this information, FEMA removed me from Temporary Housing Assistance at the Best Western Hotel: and, against my will, forced me to the DHAP/HUD Program. DHAP/HUD claims I am not their responsibility: I am FEMA’s responsibility, repeatedly refusing to help me in any way whatsoever. DHAP/HUD, like FEMA, is completely unprepared, unwilling and it would seem unable to deal with special needs, special circumstances, or disabled individuals: dismissing, denying, placing a whole class of people in terrifying jeopardy.

I filed two housing Appeals: to FEMA. The first was filed exactly as FEMA Agents told me to do, on 12-29-12. It has been posted on the internet since 2012 and repeatedly discussed with FEMA. An Appeal was filed by my attorney on August 22, 2013: a 504 Request for Reasonable Accommodation. Neither Appeal was answered. After assuring me the proper people were working on it for months, FEMA finally told me of the first appeal, “We do not answer Appeals. A non-answer was received on the 504 Appeal, saying if I attended DHAP Orientation FEMA “might” consider it. I did so. There has been no response from FEMA. However, I was told that FEMA flipped the 504 responsibility over to HUD. HUD is ignoring me.

BE Advised:

-FEMA has extensive medical documentation that it is hazardous to my health to relocate me to an apartment.
-I paid the hotel bill for the past seven weeks. I am out of money.
-The Rental Assistance/Transient Accommodations grant issued on 11-30-12, in the amount of $4,695.34 (which I tried to return to FEMA Agents at Cedar Creek Park 4 times and was rejected with. “We know you have related expenses. That is your money.”) Was exhausted on Temporary Housing. You have that documentation in your hands.
-I am participating in the BuyOut/Acquisition Program of NY Recreate. I was told several months ago that Resolution would take 2 to 6 months. I have no control of their timeline. The alternative to a BuyOut of my Substantially Damaged, Toxic house would be NY Rising Rebuild Program, which would be a hardship for me to begin after 14 months of futile repair attempts on a home that floated off its foundation and must now be bulldozed and elevated 12 feet.
-I was told by your legal department through Mr. Xxxxxxxx, by Xxxxx Xxxxx and Xxxxx Xxxxxxxxxxx, that there is $8,600 in my FEMA file (because you miscalculated repairs on my totaled house), available to me, that can be used for housing and has been provided to others for this purpose. I request this money to pay my Hotel bill now, committed to and implemented by Xxxxxxx Xxxxx and his Disability Team as Reasonable Accommodation from January until June of 2013, when he left FEMA for employment at a different Agency.
-I have sent Hotel receipts. I expect those bills (in excess of the initial $4,695.34 grant I exhausted at FEMA’s direction) to be reimbursed in a timely manner and my housing at the hotel to be paid from the $8600 withheld by FEMA on my totaled house, pending NY Recreate Buy Out.
-Note: Under the Stafford Act you are not supposed to charge the disabled person for temporary housing.

Please do not compound this horrific sequelae by again putting the blame on me, for still being in a hotel. I am here solely because FEMA failed to identify substantial damage, validate and deal with disability compliance, follow protocol, answer voluminous, properly directed complaints, or to act in a timely manner. I have been injured and scarred by FEMA’s lack of response. I am asking you now to demonstrate good faith: to cease and desist distributing outlandish letters with a litany of falsehoods to officials, falsehoods that can be expeditiously disproven. You have wasted so many people’s valuable time and effort with this frivolous, cavalier tactic. I am reluctant to believe that FEMA is that incompetent.

When we make grave mistakes, it is most facilitative to admit them and try to mitigate the consequences in an equitable solution. Without a doubt, FEMA, DHAP//HUD are making a mockery of disability and literally killing disabled people, because they don’t know what to do with us. I have seen too many of my disabled friends die because of the way they were treated in this disaster system. Don’t make my beneficiaries litigate this case!! Be assured that I have tried, and will continue to attempt, to settle this matter amicably.

Let us work together to rectify the devastating consequences that the Disaster systems have visited upon myself and the disabled community. Disabled people should have been the first population sent back home, not the last.

Sincerely,
Wendy Wagner

cc:
Senator Charles E. Schumer
Senator Kirsten Gillibrand
Senator Charles J. Fuschillo
Congressman Peter King
Congresswoman Carolyn McCarthy
Assemblyman Brian Curran
Assemblyman Harvey Weisenberg
Legislator David Denenberg

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