§ 20-04 Supplemental Funding for Ida-Impacted Homeowners.
RCNY § 20-04
a. Purpose. The City seeks to provide additional financial support ("Supplemental Funding" or the "supplemental benefit") to homeowners whose applications to FEMA for emergency home repair assistance were rejected or resulted in benefits that were insufficient to make the necessary repairs to their homes. b. Definitions. For purposes of this section, the following terms have the following meanings: Applicant. "Applicant" means an owner of a 1-4 family building, or a dwelling unit therein, who is applying for financial assistance pursuant to this section. FEMA housing repair benefit. "FEMA housing repair benefit" means emergency home repair assistance provided by the Federal Emergency Management Agency ("FEMA") to individuals and households as a direct result of a disaster that receives a federal emergency or major disaster declaration pursuant to FEMA's Individual Assistance programs. c. Applicant Eligibility. To be eligible for Supplemental Funding, an applicant must satisfy the following criteria: 1. The applicant owns a 1-4 family building, or a dwelling unit therein, located in Staten Island, the Bronx, Brooklyn or Queens; 2. The applicant applied for FEMA housing repair benefits for such 1-4 family building or dwelling unit and either was rejected or was awarded an amount that was not sufficient to permit such applicant to return such building or unit to a habitable state; provided, however, that an applicant need not have applied for FEMA housing repair benefits for the portion of any 1-4 family building, or any dwelling unit within such building, that is the primary residence of a tenant of such applicant.
3.The applicant must certify that such 1-4 family building or dwelling unit is the applicant or a tenant of such applicant's primary residence and was the primary residence at the time of Hurricane Ida, and not a second home as defined in IRS Publication 936; 4. The applicant must certify that such 1-4 family building or dwelling unit satisfies the following additional criteria: A. Such 1-4 family building or dwelling unit suffered storm-related damage as a result of Hurricane Ida; B. Such 1-4 family building or dwelling unit is not habitable as a result of damage from Hurricane Ida; provided, however, that if such applicant completed repairs on or prior to the effective date, such applicant may certify that such 1-4 family building or dwelling unit was not habitable as a result of damage from Hurricane Ida until such repairs were completed; and C. Such 1-4 family building or dwelling unit either (i) had not, prior to Hurricane Ida, received federal flood disaster assistance that required obtaining and maintaining flood insurance coverage on the damaged property, or, (ii) if such flood insurance coverage was required, it was obtained and maintained for the damaged property. d. Applicant Certifications. Applicants for Supplemental Funding must certify as follows: 1. The applicant is a United States citizen or qualified alien, as such term is defined in 8 U.S.C. § 1641, and is not prohibited from receiving federal public benefits under the PRWORA of 1996; 2. The applicant has full power, authority, and legal right to execute any documents necessary for HRO to provide a supplemental benefit; 3. The applicant provided complete, true, and accurate information on all HRO documents and to HRO staff, including complete information regarding other disaster assistance funds received for the purpose of home reconstruction, elevation, or rehabilitation or temporary housing, and has not misrepresented their eligibility for a supplemental benefit; 4. The applicant will obtain and/or maintain flood insurance for the damaged property if the damaged property is located within a 100-year floodplain or Special Flood Hazard Area designated by FEMA; and 5. The applicant understands that acceptance of Supplemental Funding may require applicant to return other assistance received from the federal government or from an insurance company, or might result in the denial of such federal assistance or of such assistance from an insurance company. e. Funding Priority. HRO will initially accept applications only from eligible applicants housed in temporary government-provided shelter due to storm damage at their primary residence, or eligible applicants whose tenants are housed in such shelter due to storm damage at such tenants' primary residence. Once HRO has made determinations on such applications, and provided that funding is available, HRO may accept applications, in the following order, from: 1. eligible applicants who are unable to return to their primary residence, or whose tenants are unable to return to their primary residence, and who have exhausted their right to appeal FEMA's determination of eligibility for FEMA housing repair benefits or the amount of FEMA housing repair benefits; and 2. all other eligible applicants. f. Required Documentation, Damage Assessment, and Approvals.
1.Repairs completed after effective date. A. An applicant who has not completed repairs to a 1-4 family building or dwelling unit on or prior to the effective date must, once HRO has determined that such applicant is eligible for Supplemental Funding, contact contractors to obtain an itemized scope of work and itemized estimate of the cost required to make the building or dwelling unit habitable. If such applicant wishes to proceed with a contractor, the applicant must contact HRO to provide HRO with such applicant's itemized scope of work and itemized estimate of cost and to schedule a damage assessment. B. At the damage assessment, HRO and/or its contractors will independently verify that the items listed in such applicant's itemized scope of work and itemized estimate of cost are storm-related repairs, and that the prices for such repairs are cost-reasonable. C. HRO will approve for Supplemental Funding each item listed on such applicant's itemized scope of work and itemized estimate of cost that is verified pursuant to subparagraphs A and B of this paragraph to be a storm-related repair and to be cost-reasonable, and will inform such applicant of each such approval. Should HRO determine that any such item is not a storm-related repair or is not cost-reasonable, HRO will deny the inclusion of such item, in whole or in part, in the itemized scope of work and itemized cost, and inform such applicant of each such denial. In instances in which HRO denies the inclusion of any item on an applicant's itemized scope of work or itemized cost, such applicant may elect to take any of the following actions: (i) ask the contractor to modify the scope of their work to remove items determined by HRO to not be storm-related repairs, or reduce the cost of items determined by HRO to not be cost-reasonable; (ii) pay the difference between HRO's maximum reimbursement amount and the total amount listed on the estimate of cost; or (iii) seek a new contractor willing to complete items determined by HRO to not be cost-reasonable at a lower rate (which HRO must review for cost-reasonableness).
2.Repairs completed on or prior to effective date. A. An applicant who has completed repairs to a 1-4 family building or dwelling unit on or prior to the effective date must provide to HRO an itemized scope of work, invoice with itemized costs, proof of payment and, if available, documentary proof of storm-related damage. B. Upon review of such applicant's documentation, HRO may schedule a final inspection pursuant to subdivision i of this section to independently verify and approve that the work completed was for storm-related repairs and that the prices paid for such repairs were cost-reasonable. HRO may seek additional verification, including but not limited to receipts from the contractor whose itemized scope of work and invoice provided the basis for the Supplemental Funding request. C. HRO will approve for Supplemental Funding each item listed on such applicant's itemized scope of work and invoice that is verified pursuant to subparagraphs A and B of this paragraph to be a storm-related repair and to be cost-reasonable, and will inform such applicant of each such approval. Should HRO determine that any such item is not a storm-related repair or is not cost-reasonable, HRO will deny such item, in whole or in part, for Supplemental Funding, and inform such applicant of each such denial.
