Research based learning
"Providing resource supported answers."
I. Waiver and Alternative Requirement for HUD Review of Action Plans for Disaster Recovery and Action Plan Amendments Related to Funding Appropriated by Public Laws 115–123 and 115–56.
Public Law 115–123 1 appropriated $28 billion of Community Development Block Grant disaster recovery (CDBG–DR) funding for two purposes: (1) To address unmet needs arising from certain major declared disasters that occurred in 2017; and (2) To fund mitigation activities for all CDBG–DR grantees that received CDBG–DR funding in response to unmet needs arising from major disasters declared in 2015, 2016, and 2017. These funds were in addition to $7.4 billion appropriated by Public Law 115–56 2 for unmet needs arising from major declared disasters in 2017. HUD allocated virtually all funding for unmet needs 3 and established administrative requirements via two Federal Register Notices published on February 9, 2018 (83 FR 5844–5869) and August 14, 2018 (83 FR 40314–40325).
In general, the funds are to be used for activities authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) (HCD Act) related to disaster relief, long-term recovery, restoration of infrastructure and housing and economic revitalization in the "most impacted and distressed" areas defined by HUD. By providing the supplemental disaster recovery funding under Title I of the HCD Act, Congress implicates the general statutory and regulatory requirements of the Community Development Block Grant (CDBG) program.
Both Public Law 115–123 and 115–56 include the following proviso with respect to CDBG–DR funding:
Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, . . . :
HUD's Federal Register Notice of February 9, 2018, establishes the requirements and criteria that inform these plans and substantial amendments thereto (see section VI., A.2., Action Plan for Disaster Recovery waiver and alternative requirement (83 FR 5849)). Section VI., A.2.(e) is entitled Review and Approval of Action Plan and states that "HUD will review each action plan within 45 days from the date or receipt." The above referenced requirements are also generally applicable to CDBG–DR funds allocated by the August 14, 2018, Notice, via Section II., "Use of Funds."
For CDBG–DR funds appropriated by Public Laws 115–123 and 115–56, HUD currently has three Action Plan Amendments (State of Florida, the Commonwealth of Puerto Rico and the United States Virgin Islands (USVI)) pending review and approval involving an aggregate of $9.3 billion. In addition, there are Action Plans from the states of California, Georgia and Missouri pending review and approval for an aggregate of $221 million.
Public Laws 115–123 and 115–56 also include the following proviso:
Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974:
This proviso enables HUD to waive various statutory requirements applicable to CDBG and to establish alternative requirements to those provisions. In this Notice, HUD is applying this authority to extend the period available for HUD review of pending Action Plan Amendments and Action Plans involving CDBG–DR funding under Public Laws 115–123 and 115–56.
Due to the lapse of FY 2019 appropriations for HUD as of December 21, 2018, HUD has already issued a regulatory waiver extending the HUD review period for the Action Plan Amendments submitted by Florida, Puerto Rico and the USVI from 45 days to 60 days, which is the period set forth under the applicable statutory provision (42 U.S.C. 12705(c)(1)) for consideration of housing strategy, which is analogous to an action plan or action plan amendment. HUD has not yet addressed the status of the pending Action Plans for California, Georgia and Missouri as the 45-day review period for these submissions occurs in late January, 2019. However, HUD cannot be assured of completing the reviews of these pending submissions and issuing affirmative approvals as required by Public Laws 115–123 and 115–56 given the impact upon HUD's operations during the appropriations lapse period. Therefore, the Secretary finds that there is good cause to waive the statutory sixty (60) day review deadline established by 42 U.S.C. 12705(c)(1) and is issuing an alternative requirement for review of pending Action Plan Amendments and Action Plans involving funding under Public Laws 115–123 and 115–56. HUD will review the pending Action Plan Amendments and Action Plans and provide affected grantees with a decision within a time period which will be announced by HUD after enactment of funding for the Department's normal operations.
Failure to extend the review period could lead to deemed approvals upon expiration of the customary 60-day review period, an outcome that would be inconsistent with both HUD's oversight responsibilities and the purposes of the CDBG–DR funding or, alternatively, disapproval. Grantees with pending submissions are advised that the extension of HUD's review period and resulting delays should not be considered a commentary on the submissions but is a recognition of the current circumstances.
- Federal Register Notice Jan. 9, 2019 84 FR 97
Date: 4-20-2019 Updated: 4-20-2019 Subject:
Resources published here are segments of research projects of past, present and future. All items published will soon be in articles that tie the subject matter together for the big picture results.
Resource Research is also the way we find things out of place in our world today.
This section is completely keyword search enabled so you can find just the topic you need to support your own research projects or to assist in our research resources. We have created a simple copy link so you can embed or link to the resource if you use any segment of this section.
Keep your information open and transparent at all times. You'll find this section grows often and is currently supported by one person so if you are looking for a specific document or topic related to Disaster Recovery use the submit question.
To submit a question you are actually submitting a research resource topic. Your topic will remain offline until the research has been completed. If you have the research and it can be validated please use the contact pages first.
Date: 12-30-2018 Updated: 3-4-2019 Subject: How To Research
FOIA State of Louisiana OCD-DRU 5-23-2018: Request copies of any communications between the Governors Office (J.B. Edwards) and Restore Louisiana Homeowners Assistance Program related to waiving state requirements that contractors working for Restore LA or IEM Inc tasked with rebuilding, repairing homeowners homes damaged by the 2016 floods (DR4277, DR4263) be licensed and insured as per state contractors licensing board rules, regulations and state laws.
(State of Louisiana Reply)
Your public records request, dated May 23, 2018, was received by the Division of Administration on May 23, 2018. We are conducting a search for records. Once the search is finished, the records will be reviewed for privileges and exemptions. We will contact you as soon as the review is completed, and all non-exempt records will be made available to you.
Public Records Requests
Division of Administration
State of Louisiana
Date: 1-4-2019 Updated: 1-4-2019 Subject:
Requested date: 5-23-2018
As of May 11, 2018
1. Total number of households pending Homeowner Responsibility (Solution 2) and Homeowner Escrow (Solution 1).
Reports do not currently exist that are responsive to your specific public record request. However, with respect to item 2, HUD does publish a quarterly report, the most recent of which is attached, that shows at page 8 of 49 that as of in the first quarter of 2018, 1978 grant awards to LMI households were executed, for a cumulative total of 3321.
Attachment download: Flood DRGR 1st Quarter Reports
Date: 1-4-2019 Updated: 1-4-2019 Subject:
- Franklin Associates, LLC Louisiana Housing Corporation 2/12/2016 6/30/2019 $7,143,250 $3,618,750 To perform environmental reviews and homeowner inspections. CDBG-DR funds represented are related to 2016 Flood Work. Other components of the contract funded through other sources.
- Alpha Media and Public Relations pending New Corp. 5/28/2016 7/7/2016 $33,413 $33,413 Restore LA Marketing and Outreach.
- GrantAnalyst.com, LLC 192237977 Louisiana Department of Agriculture & Forestry 3/16/2017 3/15/2018 $6,100 $6,100 ?Online grant application management system.
- Spears Consulting 837070833 TruFund Financial 5/15/2017 5/15/2018 $40,000 $40,000 Marketing/Public Relations spent as of 11.30.17.
- Start Corporation 859805285 Louisiana Department of Health and Hospitals 12/1/2015 6/30/2018 $2,802,482 $2,802,482 ?To provide support services required to help individuals rebuild their lives after homelessness, institutional care or other disruptions due to the Flood of 2016. (multiple sources of disaster funding)
- Volunteers of America 0750049916 Louisiana Department of Health and Hospitals 12/1/2015 6/30/2018 $49,999 $49,999 To provide support services required to help individuals rebuild their lives after homelessness, institutional care or other disruptions due to the Flood of 2016. (multiple sources of disaster funding)
- Westaff 788265564 TruFund Financial 5/4/2017 11/30/2017 $25,686 $25,686 Temp Services.
- Xerox Corporation 137644035 Louisiana Department of Agriculture & Forestry 10/16/2017 6/30/2018 $988 $988 Copy machine
You will be receiving, or have already received, an e-mail invitation to access a dropbox from which you will be able to access the documents referenced below.
Please click on this link to view the contracts: Dropbox Link to document download.
Date: 1-4-2019 Updated: 1-9-2019 Subject:
Freedom of Information Request Date: 6-1-2018: I would like to know who and what department created the webpage at this address: http://www.doa.la.gov/Pages/ocd-dru/for_training.aspx
I find it not useful at all and when so many public records are missing from the OCD-DRU website pages I feel this is a waste of government resources to allow to be viewed by the public.
State of Louisiana Response dated 6-5-2018:
Your public record request e-mail, dated June 1, 2018, was received by the Division of Administration on June 1, 2018. Upon review, your e-mail does not present a public records request as described in Louisiana R.S. 44:1(A)(2). As such, we are unable to provide a response.
>>>> NOTES <<<<<
Web page was removed and replaced with a redirect to the main page. The state did not acknowledge the report.
Date: 1-4-2019 Updated: 1-4-2019 Subject:
Freedom of Information Request dated 6-18-2018.
Copy of the OCD-DRU policy regarding NFIP (National Flood Insurance Program) ICC (Increased Cost of Compliance) funds with respect to the calculation of duplication of benefits (DOB).
>> State of Louisiana Response 6-22-2018 <<
See attached manual and/or view at this link:Attached Homeowners Manual version 3.1 and download link
pages 51 to 52 of the document pertain to NFIP (building and ICC) and DOB calculation.
Date: 1-4-2019 Updated: 1-4-2019 Subject:
Freedom of Information Request: 6-26-2018, Copy of the "Declined SBA Award Policy".
This document is referenced in
1. "Draft ReLa Program Management Policies (Attachment VII) Page 31 of 189"
2. "Homeowners Manual version 3.1 page 52 under SBA Verification"
>>> Response State of Louisiana <<<
The "Declined SBA Award Policy" is found on page 52 of the manual you refer to in your email below. This is the current policy:
"Applicants who have applied for an SBA loan but have a record of declining the loan or have not executed the SBA loan may be considered for RLHP funding, but awards will be adjusted to account for any SBA DOB. If a low to moderate income (LMI) household has declined an SBA loan, a hardship will be presumed and the SBA loan will not be considered a duplication of benefit. SBA loan declination is defined as an applicant having never executed the SBA loan documents."
When the "verification" paragraph states: RHLP Declined SBA Award Policy – it is referring to the paragraph above it in the manual (see snip image below).
Date: 1-4-2019 Updated: 1-4-2019 Subject:
We publish stories with the intent to help others that follow in our post disaster footprints.
Disaster victims often do not want to relive the ordeal but many that have just became victims or have been searching for answers may learn from your experiences of disasters long past. It is our goal to share with others so we all may rebuild and recover faster. Sharing experiences, post disaster experiences, from cleanup to rebuilding and all points in between. Let's document the processes each victim had to complete after the Presidential Disaster Declaration or the Emergency Declaration has been signed into action.
- We require 600-2400 words.
If you require additional space consider making two or more submissions which we will group together if possible.
- Must have 2 or more pictures that have not been reduced in size or edited to change meta information.
- Must have strong argument about issues that you have experienced.
- You must have researched each issue, point of interest or experience declared and offer resources or sources to provide a solid foundation and weight to your experience.
- Do not cite or copy journalists, editorials or the opinions of others. This is your experience only.
- You allow us exclusive use of your experience article to share with all who are willing to republish your experience in it's entirety without edits or omissions.
- We will take no longer than 10 working days to review and accept your experience article.
- If we feel editing is needed we will return the article to you with notes.
Our goal is to publish everyone's disaster experience.
- Include your experience article in an email, a document attached to an email or our website form.
- Include your disaster record number (DR), name (First,Last), street address, city, state, zip, phone, and email address.
We will use your personal information to verify your disaster experience. We will exclude your name from your article and only reference the DR number. Otherwise you must tell us you would like to release your name with your article and then clearly state what personal information you would like included in your by line.
Date: 12-30-2018 Updated: 12-30-2018 Subject: Your Story
"Gross Negligence, Gross Incompetence and Willful Misconduct, Restore Louisiana Homeowners Program" the series.
Tonight's episode entitled "Gross Incompetence Elevation Costs" episode 1.
NOTE: You might find this a bit humorous, but it's actually based on documented facts of 2 groups separated by 10 years working on flood recovery projects.
Restore Louisiana Homeowners Assistance Solution 2 Reconstruction program is closing in on it's first complete home elevation and reconstruction project.
Despite being handed the full Reconstruction program policy and procedures, Solution 2 Reconstruction team is still in the beginning phases of creating Process and Procedures.
According to research, outsourced workers and management have taken nearly one year to process one homeowner and still have yet to document the steps in processing Solution 2 Reconstruction homeowners.
Historical data shows state workers employed as workers worked more efficiently than outsourced companies hired by state workers.
It was found in the year 2008 that state workers awarded 18,914 homeowners with elevation grant money using the system they called, "Simplified Award Process." Current state outsourced management (2018) refuse to follow the 10 year old proven simplified processes and are determined to make a complicate process more complicate than rocket science.
The states Simplified Award Process distributed 18,914 checks in the amount of $30,000 to homeowners in less than one year. Outsourced Solution 2 Restore Management has yet to establish procedures to determine foundation costs even after being given the procedure by the Solution 1 Reconstruction team.
Stay tuned for the onsite Solution 2 Reconstruction podcast series coming next year, maybe, if policy doesn't change.
Date: 12-30-2018 Updated: 12-30-2018 Subject: State Contractors
Comment: Insurance will be needed or you will get nothing. But even then you will need to know how to navigate a system that the states create to make it impossible for them to navigate. Insurance required to cover federal assistance received.
Financial disaster recovery planning team within the Administration grant funding.
OCD-DRU trainer for all county, parish, city, town planning and zoning departments for HUD compliance training.
Resource: HUD OIG Report 2013-FW-0001
>> Start snip of report page 19,20 <<
Some States Did Not Take Sufficient Steps To Protect the Invested Federal Funds
Some States did not require adequate homeowners' insurance for the homes built or rehabilitated with Disaster Recovery funds. Texas initially did not require insurance. It modified its program for the Katrina, Rita, and Wilma second allocation and, along with Louisiana and Florida, required insurance for 3 years. Alabama adopted a deed restriction that "strongly encouraged" insurance. For the Gustav, Ike, and Dolly allocation, Texas again modified its program and stated insurance was required, but its policy, like Alabama's deed restriction, stated only that failure to maintain insurance "may" impact future disaster assistance. However, Mississippi took an aggressive stance by requiring a transferable covenant that required insurance at all times. These variations occurred because HUD allowed the States maximum feasible deference in the implementation of their Disaster Recovery programs as allowed by the State CDBG program.
HUD needs to adopt a best practice to address the issue of insurance to ensure that the Federal funds invested in the assisted homes are protected in the event of future hurricanes or disasters. Since Hurricane Katrina in 2005, an additional 10 hurricanes and other storms have hit the States and caused damage. Further, our audit of Texas13 found that Hurricane Ike had damaged homes repaired or replaced by Katrina, Rita, and Wilma grant funds, which lacked insurance. In one extreme case shown in figures 10 and 11, an uninsured home suffered significant structural damage, and the homeowner inquired about additional disaster assistance for his recently replaced home.
The Texas audit also found that of a sample of 59 Katrina-, Rita-, and Wilma funded homes tested, 38 homes were later damaged by another hurricane or storm. Of the 38 homes, 23 did not have insurance. Based on a projection of the sample results, at least 133 of 453 reconstructed or rehabilitated homes or homes awaiting reconstruction lacked insurance and were damaged or are at risk of being damaged by another storm. The report concluded that if Texas changed and improved its action plan and policies, an estimated $60.2 million in program funds could be saved.
For Hurricane Isaac, which struck in August 2012, initial reports estimated damage to 13,000 homes in Louisiana located in the same areas previously affected by Katrina. Since Louisiana required insurance for only 3 years, there is the potential that damage had occurred to Disaster Recovery-assisted homes completed before 2009 that may lack insurance, as the State's required insurance period had expired and nothing would prevent homeowners from seeking additional Federal assistance.
>> End snip of report page 19,20 <<
Date: 12-30-2018 Updated: 12-30-2018 Subject: Transparency
* Your IP address 188.8.131.52 will be saved with your question and used only to prevent spam.
** Please be sure to include your email address and your name if you would like your question answered.