Judges rule in favor of Katrina Victims, FEMA criticized
Heaping up more criticism on the government for its handling of the nation's costliest natural disaster, a US federal judge ordered the Federal Emergency Management Agency to resume housing benefits to evacuees of hurricanes Katrina and Rita. The ruling sharply criticized the illegal cutting of housing funds and subjecting storm victims to a complicated application process he called "Kafkaesque."
The victims claimed that FEMA violated their rights by failing to offer satisfactory clarification of why they were denied long-term housing benefits. Their lawsuit was filed by Association of Community Organizations for Reform Now, a membership organization of low-income families.
FEMA said in a statement on Wednesday that it sent letters giving a hazy idea of the program changes and informing why some people were ineligible and describing the appeals process.
About 2.6 million households applied for disaster assistance but have been largely shed from the rolls.
Until FEMA explains itself and allows victims to appeal, the government must keep making housing payments said U.S. District Judge Richard Leon.
"It is unfortunate, if not incredible, that FEMA and its counsel could not devise a sufficient notice system to spare these beleaguered evacuees the added burden of federal litigation to vindicate their constitutional rights," Leon wrote in his Nov. 29 opinion for the U.S. District Court for the District of Columbia.
Following the hurricanes rental assistance was provided by FEMA to the victims under a short-term housing program. In February, it began transferring recipients to its long-term housing program, which provides up to 18 months of rental assistance and requires individuals to meet a certain criteria. Thousands of evacuees’ short-term benefits expired Aug. 31 and they could not qualify for the longer-term benefits.
According to the Judge the problem was that victims were unable to address, let alone intelligently appeal, decisions against benefits.
FEMA has been ordered to send detailed statements to applicants that include the reasons for decisions and to free evacuees from the “Kafkaesque” application process they endured and is also required to pay evacuees whose short-term benefits expired what they would have otherwise received from Sept. 1 through Nov. 30.
“FEMA is considering the court’s order in consultation with the Department of Justice, determining how the agency will proceed,” said spokesman Aaron Walker.
