LawHelp HTML Document
Skip to main content
AlabamaLegalHelp.org
 
Helping people in Alabama with low incomes solve legal problems
 
 
Start Over > >
 
 
  Search
   Need help with your search?
Find Legal Help On
Related Resources
more...
Recovering From Hurricanes and Other Natural Disasters: Your Legal Rights
 by: Legal Services Alabama

This statement of legal rights in situations that typically arise after a disaster was prepared by Legal Services Alabama, which relied largely on a publication by Legal Services of Greater Miami, but also on information from its own website and those of various federal and state agencies.  This document is intended for information purposes only.  Readers should not interpret the contents as legal advice or legal opinion with respect to any specific facts or circumstances.

If you were affected by Hurricane Katrina and need legal help, call Legal Services Alabama at 1-877-393-2333.

TABLE OF CONTENTS

HURRICANE KATRINA DISASTER AREA

DISASTER RELIEF (FEMA)

PROVING YOUR IDENTITY

HOUSING

INSURANCE

AVOIDING RIPOFFS

BANKRUPTCY

IMMIGRATION

DOMESTIC VIOLENCE & DIVORCE

EDUCATION/SCHOOLS

OTHER FAMILY ISSUES

UNEMPLOYMENT COMPENSATION

FOOD STAMPS

SCHOOL LUNCH AND BREAKFAST PROGRAM

MEDICAID

SOCIAL SECURITY

OTHER PUBLIC ASSISTANCE BENEFITS

GET HELP FROM LEGAL SERVICES ALABAMA

 

HURRICANE KATRINA DISASTER AREA

1. What Alabama counties are in the Hurricane disaster area?

  • Baldwin
  • Choctaw
  • Clarke
  • Greene
  • Hale
  • Mobile
  • Pickens
  • Sumter
  • Tuscaloosa
  • Washington

2. But I heard that there's disaster assistance in other counties?

  • FEMA has designated 12 more Alabama counties for "Public Assistance."
  • This does not give money to individuals or families.
  • In these counties, FEMA only pays governments & some nonprofit organizations.  See http://www.fema.gov/news/eventcounties.fema?id=4825 

Back To Top

DISASTER RELIEF (FEMA)

1. What kind of benefits does FEMA provide?

  • FEMA's main program for people suffering damage or displacement from a disaster is the Individual and Household Program (IHP).
  • The two parts to IHP are "Housing Assistance" and "Financial Assistance to Address Other Needs."
  • Housing Assistance gives money for homeowners to repair or replace homes.  It also pays rent for people unable to use their homes.  Where people can't rent a place to live, it gives them a mobile home to use.
  • Before 2003, Housing Assistance was called "Temporary Housing Assistance" (THA).
  • Financial Assistance to Address Other Needs ("Other Needs") can pay for many other needs.  These include medical, dental, transportation, moving and storage costs.
  • Before 2003, Other Needs was called "Individual and Family Grants (IFG)."

 2.  How do I apply?

  • You can apply online at www.fema.gov.  Go to the right side of the web page, click to apply online and "register."  Due to high call volume, FEMA urges victims to register online.
  • You can call FEMA at 1-800-621-3362. The phones should be open 24 hours a day, 7 days a week.
  • You can go to a FEMA Disaster Recovery Center and get help filing by phone or online.
  • If you are hearing-impaired, you can call 1-800-462-7585.
  • If you have commercial property, FEMA asks you to wait a few days to call.
  • If you are a homeowner with minor losses, FEMA asks you to wait a few days to call.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property.

3. When do I apply?

  • On or before October 28, 2005.
  • You should first make a claim on your own insurance policy.

4. Am I eligible for Housing Assistance?

  • You must be a U.S. citizen or a "qualified alien."
  • You must show that the disaster destroyed your home or made it unlivable, or that you cannot get to your home because of the disaster.
  • You must own no other house in which you could live.
  • If you have insurance, you must show that you have unsuccessfully tried to get insurance benefits, or that you don't have enough insurance to cover your damages.
  • You must also agree to repay FEMA to the extent that you later get insurance benefits.

5. What kind of Housing Assistance help can I get? 

  • You can get money to cover the cost to rent alternate housing for up to 3 months, but not the money for a security deposit or utilities; or
  • You can get to live temporary rent-free in federal housing.  This is only for up to 18 months, but FEMA can extend it; or
  • You can get money for home repairs; or
  • You can get money toward a new home.
  • FEMA expects you to accept the first housing assistance it offers.
  • If you turn down FEMA's offer without a good reason, you can lose your right to housing assistance.

6. How much help can I get?

  • For home repairs, you can get up to $5100.  If this is not enough to pay for emergency repairs to your home, you cannot get any money for the repairs from FEMA.
  • You can file for a Small Business Administration (SBA) disaster loan for more extensive repairs.
  • If damages to your home were more that $10,000, you can get up to $10,000 toward replacing your home.

7. If I get a mobile home from FEMA, can they take it away?

  • Yes.  After 18 months, you lose the mobile home unless FEMA extends the time period.
  • If other adequate housing becomes available, FEMA can make you leave the mobile home.
  • If FEMA finds you lied or committed fraud, it can take away your mobile home.
  • You can also lose the mobile home if you don't show FEMA that you are working on a plan for permanent housing.

8. Do I have a right to fight the loss of the mobile home? 

  • FEMA has to give you 15 days notice.
  • The notice has to give its reason for wanting you out.
  • The notice has to explain the appeal process.

9. What if I had left my husband, but he filed for Housing Assistance including me?

  • FEMA lets one person tell what people lived in the home before the hurricane.
  • It usually gives one temporary housing residence for all those people.
  • You should tell FEMA that your husband lied, and that you and your children are a separate household.  Then, you should get your own temporary housing.
  • If FEMA does not do this, you can point out that a single household can get a second temporary housing residence if the nature of the household requires it.  Protection from domestic violence should require it.

10. Am I eligible for Financial Assistance to Address Other Needs? 

  • You must have disaster-related necessary expenses or serious needs.
  • You cannot have adequate assistance from other sources, such as insurance and disaster loans.
  • You have to apply for a Small Business Administration (SBA) disaster loan.  You can get help for Other Needs if SBA denies you, or if it doesn't lend you enough money.
  • When you apply for an SBA loan, be careful not to overstate your ability to pay. You do not want to end up burdened by a loan you can?t afford. You usually get more help from FEMA if you can?t get a loan.

11. What kind of help can I get under the Other Needs program? 

  • Other Needs can cover the following kinds of serious needs for essential items or services:
    • Medical and dental expenses relating to the disaster;
    • Clothing, household items, furnishings;
    • Appliances, tools and equipment required as a condition of employment;
    • Computers, school books, uniforms and other educational materials;
    • Replacement or repair of your car;
    • Public transportation;
    • Moving and storage;
    • Cleaning or sanitizing personal property;
    • Funeral expenses.

12. Will Other Needs benefits affect my eligibility for Medicaid, Food Stamps or other public benefits?

  • No. Other Needs benefits do not count either as income or resources for any income-tested programs supported by the federal government.

13. If I owe a creditor money, can the creditor take my Other Needs benefits?

  • No.  Other Needs benefits are totally exempt under federal law from garnishment.

14. Do I have to be a U.S. citizen to get Other Needs benefits?

  • No.  Most legal residents, refugees, asylees, parolees and Cuban or Haitian entrants can get Other Needs money.

15. How much can I get for Other Needs?

  • It depends on how much you got in Housing Assistance.
  • The total of all the help your household can get from FEMA cannot be more than $26,200. This injcludes Housing Assistance and Other Needs.

16. Am I eligible for Small Business Administration (SBA) loans?

  • To qualify for a loan from SBA, you must show that the hurricane damaged your home or business.
  • You must also show that you have the ability to repay the loan.

17. What kind of help can I get from the SBA loan program?

  • SBA provides low interest loans for repairs.

18.  How can I get in touch with SBA for disaster help? 

19. Can I get additional disaster relief information from FEMA?

Back To Top

PROVING YOUR IDENTITY

1. I lost my driver's license and other photo ID.  How can I prove who I am?

  • Many agencies will accept your word when you apply for disaster relief.
  • Others will help you get the proof you need.
  • You should also take steps to get a replacement driver's license.

2. How can I get a replacement driver's license or ID card?

  • If you have been displaced from Louisiana, Mississippi or Alabama due to Hurricane Katrina, you can get a replacement Driver License (DL) or Identification Card (ID) by filling in the application form for the state you left.
  • You can pick up a form at any driver's license office.
  • Or, you can get the application form for your state here:
  • Remember, your Department of Public Safety uses your signature as proof of who you are.
  • If you send the form without signing it yourself, you will not get a license.
  • In the "Remarks" section, write down how the agency can reach you. Include all your contact numbers - phone, mobile (cell) phone or pager - if possible.
  • The form asks your reason for being out of state.  Write "evacuation due to Hurricane Katrina."
  • You can mail the application from any state to the Alabama Department of Public Safety (DPS) to this address:

    Alabama Department of Public Safety
    Driver License Division
    c/o Leah Bedsole
    P.O. Box 1471
    Montgomery, AL 36102-1471     OR     FAX the form to 334-353-2009.
  • Alabama DPS will send your request form to your own state's DPS.
  • Your state?s DPS will send your replacement license or ID back to the Alabama DPS.
  • You will probably have to make arrangements with Alabama DPS to pick up your license from an office in Alabama. 

3.  How much do I have to pay for my replacement license or ID?

 

  • If the address on the records for your license shows you were in a disaster county, you'll get the replacement free. 

4. I left my Louisiana ID behind and do not want to have to go in to a driver?s license office in Alabama. Can I get a replacement on my own?

 

  • Yes. You can apply for a free reconstructed driver?s license or ID card by filling out and printing this online application. 
  • You can also get an application faxed to you by calling 225-925-4195 or 1-877-DMV-LINE (1-877-368-5463).
  • When you call, you must give your full name, date of birth, race, sex, Social Security number, and a ?mail to? address.  If you can give a telephone number, that could speed the process up.
  • Be sure to sign the application because DPS compares your signature with the signature in your records as ?proof of identification.?  Commissioner Hodges of Louisiana says her office will make every effort to process and mail the driver?s license or ID card within 72 hours. 
  • Fax the completed and signed application to Louisiana Motor Vehicles at: 225-925-3901 OR 225-925-1937 OR 225-925-6303.

5.  Where can I get more information about proving my identity?

Back To Top

HOUSING 

A hurricane may destroy your home. Don?t let discrimination destroy your chance to get another. Know your rights. Get legal help if you need it.

It's against the law to discriminate in housing because of a person's race, color, national origin, family status, religion, disability or sex.

When looking for housing: 

  • Were you refused housing because of your race, color, national origin, sex, religion, because you have children or have a disability? 
  • Did the landlord require seeing your immigration papers or ask where you were from?
  • Are you charged higher rent or other fees because you have children or you have a disability?
  • Did the landlord or apartment manager harass or intimidate you because of your sex, race, national origin, color, religion, disability or your family status?
  • Were you offered less information than another applicant(s)?
  • Did the landlord say you could not make changes in your housing to allow for your disability? 
  • Are families with children or persons with disabilities limited to only certain buildings in your apartment complex or development?  

When working with home improvement contractors or seeking homeowners insurance: 

  • Was it hard for you to buy homeowners insurance because of the location of your neighborhood? 
  • Were you referred to a particular insurance company because of your credit history?

When getting a home improvement loan:

  • Did you receive a loan with higher interest rates or less favorable terms than promised?
  • Did the lender mislead you or change the terms of the loan?
  • Were you assured that you did not need to get an inspection?
  • Were you referred to a particular lender because of your credit history?

1. I owned a home before Katrina. Can I get help from FEMA to repair or replace it?

  • You must show that the disaster destroyed your home or made it unlivable, or that you cannot get to your home because of the disaster. 
  • You must own no other house where you could live.
  • If you have insurance, you must show that you have unsuccessfully tried to get insurance benefits, or that you don't have enough insurance to cover your damages.
  • You must also agree to repay FEMA to the extent that you later get insurance benefits. 

2. How can I get this help?

  • You can apply online at www.fema.gov. FEMA urges victims to register online. Many people are applying, so you may have trouble applying online. 
  • You can call 1-800-621-3362. The phones are open 24 hours a day, 7 days a week. They stay busy. your best chance to get through is in the early morning or late at night.
  • You can go to a FEMA Disaster Recovery Center and get help to file by phone or online.
  • If you are hearing-impaired, you can call 1-800-462-7585.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property.

3. When do I apply?

  • The deadline for application to FEMA has expired. Applications had to be received on or before October 28, 2005.
  • You should now make all claims on your own insurance policy.

4. How much help can I get to repair my home?

  • For home repairs to let you live in your house safely, you can get up to $5,100.
  • You can get a Small Business Administration (SBA) disaster loan for more repairs.

5. What if my home can't be repaired?

  • If damages to your home were more than $10,100, you can get up to $10,100 toward replacing your home.
  • You may also be eligible to get 100% financing through HUD mortgage insurance.
  • Call FEMA at 1-800-621-3362. 

6. If I owe money to a creditor, can the creditor take my FEMA money?

  • No. The money is totallyexempt from garnishment. 
  • You should make sure your bank knows the money is from FEMA.

7. What if FEMA denies me?

  • You have the right to appeal. Your denial notice tells you how to appeal.  

8. What if I don?t like what FEMA offers me?

  • FEMA expects you to accept the first housing assistance it offers.
  • If you have a good reason to turn FEMA down, explain the reason fully.
  • If you turn down FEMA?s offer without a good reason, you can end up with nothing. 
  • You have the right to appeal.

9. How can I help make sure I get the help I need from FEMA?

  • Keep a hurricane notebook. Write down your FEMA application control number. List all your calls with the date you called, the phone number, the name of the person you spoke to and what they told you.
  • Whenever you call FEMA, have your FEMA number handy.
  • If you haven?t heard from FEMA, call them. Do not submit a new second application. This will only cause problems later. 
  • Save all papers, including rent receipts, leases and all copies of letters to and from FEMA, SBA, IFGP and any other agency.
  • If you can, take pictures of the damage. Get double prints.
  • If the FEMA inspector comes to your home, try to be there. Show or explain to him or her all of your damage. Ask the inspector to write everything down, since a good inspection is very important to support your need for help.

10. Can I get other kinds of help from FEMA?

  • FEMA will give an advance payment of $2,000 to all evacuees who register.
  • FEMA can also help you find a place to live while you repair your home. See Disaster Relief Section Above

11. How can I get a place to live now?

  • Your first step is to apply for disaster relief with the Federal Emergency Management Agency (FEMA). 
  • FEMA can give you money to pay rent. If there is no place you can rent, FEMA can let you live rent-free in a mobile home or other federal property.
  • You can apply online at www.fema.gov. FEMA urges you to register online. Many people are applying, which may give you trouble applying online.
  • You also can call 1-800-621-3362. The phones are open 24 hours a day, 7 days a week. They stay busy. Your best chance to get through is in the early morning or late at night.
  • You can go to a FEMA Disaster Recovery Center and get help with filing by phone or online. If you are hearing-impaired, you can call 1-800-462-7585.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property. 

12. When do I apply? 

  • The deadline for this program has passed. Applications were due no later than October 28, 2005. 
  • You should first make a claim on your own insurance policy.

13. What do I need to show?

  • See Disaster Relief Section Above 

14. How much help can FEMA give me?

  • If you were in one of the eight worst-hit counties, you can first get a check or direct deposit for $2,358 to pay three months' rent. Otherwise, FEMA figures your monthly rent assistance.
  • You can go back to FEMA to re-certify. You may then get rent assistance for up to a total of 18 months.
  • No one can garnish your rental assistance money.
  • If you can?t find a place to rent, FEMA can give you a mobile home.

15. What if FEMA denies me? 

  • You have the right to appeal. Your denial notice tells you how to appeal.  
  • You may be able to get help from the Department of Housing and Urban Development (HUD.) HUD?s Katrina Disaster Housing Assistance Plan (KDHAP) is for people who had been getting housing assistance from HUD, and for people who had been homeless. FEMA should refer you to this program.

16. What help can I get from KDHAP?

  • You can get a voucher that you can use to rent a house or apartment.
  • The Housing Authority should help you find a home for which you can use the voucher.
  • The Housing Authority will inspect the home to make sure it meets HUD standards. 
  • The Housing Authority can also pay your utility deposit.
  • You have to pay your own utilities.
  • Your voucher is good for 18 months.

17. How can I show I qualify for KDHAP?

  • HUD is using its records on people who were getting HUD housing assistance before Katrina.
  • For homeless people, HUD is looking at homeless records from a system called HMIS. HUD is also looking at what you said when you applied for FEMA.

18. If I get a mobile home from FEMA, can they take it away?

  • Yes. After 18 months, you lose the mobile home unless FEMA extends the time period.
  • If other adequate housing comes available, FEMA can make you leave the mobile home.
  • If FEMA finds you lied or committed fraud, it can take away your mobile home.
  • You can also lose the mobile home if you don?t show FEMA that you are working on a plan for permanent housing.

19. Do I have a right to fight the loss of the mobile home?

  • FEMA has to give you 15 days notice.
  • The notice has to give FEMA?s reason for wanting you out.
  • The notice has to explain the appeal process. You also have rights under Alabama law.

20. What if I had left my husband, but he filed for Housing Assistance including me? 

  • FEMA lets one person tell what people lived in the home before the hurricane.
  • It usually gives one temporary housing residence for all those people. 
  • You should tell FEMA that your husband lied, and that you and your children are a separate household. Then, you should get your own temporary housing. 
  • If FEMA doesn?t do this, you can point out that a single household can get a second temporary housing residence if the nature of the household requires it. Protection from domestic violence should require it. Call Legal Services Alabama if you need help at 1-877-393-2333.

21. What if my family was all living together with HUD assistance, but we went different places after the storm? 

  • HUD will give KDHAP help where you are. 
  • HUD can give KDHAP help to others from your family where they are.

22. If HUD denies me KDHAP, can I appeal? 

  • Yes. HUD has not yet decided on the appeal process, however.

23.  My house was damaged, and I cannot live in it.  Do I need If my home is damaged and I can no longer live in it, do I still have to pay my mortgage?

  • Yes.  You must pay your mortgage even if damage keeps you from living in it.
  • However, check with your lender.  Many companies offer a grace period after a disaster.
  • Note that your lender will probably keep adding interest.

24. What if I cannot pay my mortgage? 

  • If you are buying from Rural Housing, you may be able to get a moratorium for six months.
  • You need to show the hurricane made you lose a job or caused severe damage to your home.  See Current Disaster Declarations: Rural Development Disaster Assistance.  Note that many people still call Rural Housing Service by its old name of Farmers Home.
  • Rural Housing buyers may be also be able to get their loans re-done.
  • If you have any kind of FHA or HUD mortgage, you automatically get a 90-day moratorium.
  • If you have any kind of FHA or HUD mortgage, you may be able to get late charges waived.
  • If you got a written foreclosure notice due to financial hardship tied to a disaster, you may be able to get Federal Emergency Management Agency (FEMA) payments to help you with your mortgage payments.  

25. What if I fell behind, but I now have income?

  • If you have income and you want to keep your house, filing a chapter 13 bankruptcy may help.
  • In this type of bankruptcy, the homeowner makes regular mortgage payments and also pays money into court each month toward the mortgage arrears and other back expenses.
  • If you think you may want to file a Chapter 13 bankruptcy, call a lawyer.

26. What if I live in a condominium? 

  • If you live in a condominium or pay any type of homeowner association for maintenance, you must pay your maintenance fees.

27. What if the homeowner association is not fixing common areas or making good repairs? 

  • You still have to pay.  Otherwise, you could lose your house to foreclosure.
  • You should attend the homeowner association meetings to voice your concerns.
  • You should also talk with other homeowners and members of the board about your complaints.
  • A group of you may want to seek legal advice.

28. I have homeowner?s insurance, but I was told it will take months for an adjuster to look at my house and longer for a check to be issued.  My house needs lots of expensive repairs.  I?m not even sure I can live there until it?s fixed.  Can I get help to fix it?  Can I get help to live somewhere else until it?s fixed? 

  • Call your insurance company.  If you have homeowner?s insurance, you will most likely be eligible for money for living expenses while you cannot live in your house.
  • Your company may give you an advance payment to cover a part of your loss.

29. What if I don't have homeowner's insurance? 

  • You may be able to get help under the Individual and Family Grant (IFG) program to pay for necessary repairs to essential parts of your home.
  • IFG may also be able to pay for flood damage, which is not covered by regular homeowner?s insurance.
  • You may apply for IFG by calling 1-800-621-3362.

30. The apartment I live in is in really bad shape from the hurricane, but the landlord told me that if I want to stay I must pay full rent.  What should I do? 

  • Your landlord may also be hurting until insurance money comes in for repairs.
  • Ask your landlord to reduce your rent until the apartment.
  • You can also ask your landlord to let you move to another unit.

31. What if my landlord won?t negotiate? 

  • You cannot force your landlord to reduce the rent.
  • If your apartment is so badly damaged you cannot live there, you may be able to break your lease.
  • Legal Services Alabama can give you information about breaking your lease.  You can go to its website www.alsp.org and get information in the section on ?Know Your Legal Rights.?  Or you can call our toll-free number: 1-877-393-2333.

32. My apartment is so bad I cannot live in it.  I am going to move. I want my security deposit returned.  What are my rights?

  • If you live in a Rural Housing assisted apartment, you have the right to apply to move into another assisted apartment.  You will get priority.
  • If you  have a written lease, read your lease to see what it says.
  • If you do not have a written lease, or your lease does not say anything about deposits, then you should talk to your landlord.
  • If your landlord does not give you back your security deposit, you can sue for it.
  • Realize that if you sue your landlord, your landlord may counterclaim for rent.

33. All my stuff was destroyed when the roof fell in on the place I rent.  What help can I get? 

  • If you had renter?s insurance when the hurricane hit, call your insurance company.
  • If your situation is desperate, let your company know.
  • Your company may give you an advance payment to cover a part of your loss.
  • Read the information in the insurance section of this handout about how to prepare for the adjuster?s visit and how to handle your insurance claim.

34. What if I do not have any insurance on my property?

  • If you did not have renter?s insurance, see if your landlord?s insurance covered your belongings.  It usually will not.
  • If your losses are not covered by any insurance policy, you may be able to get IFG money for replacement of necessary items of personal property.
  • You may apply for these benefits through FEMA at 1-800-621-3362.

35. My landlord told me to move out the next day because he wants the apartment for his daughter who lost her house in the hurricane.  He told me if I wasn?t out, he?d change the locks. Do I have to move?

  • Alabama law does not let a landlord just lock you out.
  • A landlord cannot turn off utilities or use any other ?self help? means to get you to leave.
  • Instead, the landlord must file an eviction action in court.
  • Your landlord must first give you a written notice to move.
  • Find out more about evictions at the Legal Services website, www.alsp.org and get information in the section on ?Know Your Legal Rights.?
  • If you get any eviction court papers, you can call Legal Services.
  • If your landlord locks you out, you can call a lawyer about suing your landlord for your damages.

36. Where can I get more information?

Back To Top

INSURANCE 

1. How can I make sure I get my insurance company to pay?

  • You first have to make a claim.  You may have claims under homeowner?s, renter?s or car insurance.
  • If any insurance policy may cover any of your damage, call your agent, broker, or insurance company as soon as possible and report your loss.
  • Do this even if you are not sure you have coverage.