Tuesday, January 08, 2008
FEMA WINS AGAIN
(Jan. 8, 2008) -- The ruling overturns a June decision that said FEMA should continue rental assistance payments to storm victims while they appeal the agency's decisions.
Associated Press
NEW ORLEANS -- The Federal Emergency Management Agency can end housing subsidies for many victims of Hurricane Katrina, an appeals court ruled.
Many storm victims now receive help through a different federal agency, and it wasn't clear how many people would be affected by the ruling.
The 5th U.S. Circuit Court of Appeals decided Friday that storm victims who apply for rental assistance aren't legally entitled to a "continuing stream of payments."
"There is simply no indication that the regulations constrain FEMA's discretion to the point that it is bound to provide assistance to all eligible individuals," Judge Carolyn King wrote on behalf of a three-judge panel of the 5th Circuit.
The ruling overturns a June decision that said FEMA should continue rental assistance payments to storm victims while they appeal the agency's decisions. U.S. District Judge Helen Berrigan had issued a preliminary injunction that required FEMA to continue the payments during appeals.
It was unclear whether any storm victims still needed the FEMA aid. About 29,000 residents who had been getting rental assistance from FEMA have been shifted into a program run by the U.S. Department of Housing and Urban Development, said Adam Strochak, a lawyer for the plaintiffs.
"A large portion of our class is getting the assistance they need and deserve," he said. The plaintiffs are weighing their legal options following Friday's ruling, Strochak said.
No Gulf Coast families have been receiving rental assistance from FEMA since the transition to HUD's program took effect Dec. 1, said FEMA spokeswoman Alexandra Kirin, adding that she couldn't comment further on the ruling because it involves pending litigation.
The 5th Circuit blocked the preliminary injunction in July, then vacated the court order Friday. The appeals court also sent the case back to Berrigan last week for further proceedings.
Associated Press
NEW ORLEANS -- The Federal Emergency Management Agency can end housing subsidies for many victims of Hurricane Katrina, an appeals court ruled.
Many storm victims now receive help through a different federal agency, and it wasn't clear how many people would be affected by the ruling.
The 5th U.S. Circuit Court of Appeals decided Friday that storm victims who apply for rental assistance aren't legally entitled to a "continuing stream of payments."
"There is simply no indication that the regulations constrain FEMA's discretion to the point that it is bound to provide assistance to all eligible individuals," Judge Carolyn King wrote on behalf of a three-judge panel of the 5th Circuit.
The ruling overturns a June decision that said FEMA should continue rental assistance payments to storm victims while they appeal the agency's decisions. U.S. District Judge Helen Berrigan had issued a preliminary injunction that required FEMA to continue the payments during appeals.
It was unclear whether any storm victims still needed the FEMA aid. About 29,000 residents who had been getting rental assistance from FEMA have been shifted into a program run by the U.S. Department of Housing and Urban Development, said Adam Strochak, a lawyer for the plaintiffs.
"A large portion of our class is getting the assistance they need and deserve," he said. The plaintiffs are weighing their legal options following Friday's ruling, Strochak said.
No Gulf Coast families have been receiving rental assistance from FEMA since the transition to HUD's program took effect Dec. 1, said FEMA spokeswoman Alexandra Kirin, adding that she couldn't comment further on the ruling because it involves pending litigation.
The 5th Circuit blocked the preliminary injunction in July, then vacated the court order Friday. The appeals court also sent the case back to Berrigan last week for further proceedings.
