Topic: Disaster Relief

← Back to Duplication of benefits

FEMA and other federally-funded programs are barred by law from providing money or assistance to people who have already been helped, unless the assistance they have received so far is not enough. For example, if your HVAC system is damaged in a flood and will cost $6000 to replace and your insurance company provides you with $6000 for the work, FEMA cannot give you any additional money for your HVAC. However, if your insurance company pays you $3000, then you may get additional assistance from FEMA.

If any organization—insurance company, FEMA, local government, nonprofit, etc.—gives you money to help you with disaster recovery, you should use the money as stated by that organization and keep receipts to prove how you spent that money. You may need to prove that you spent it appropriately, either to the organization that originally provided the funds, or to other organizations if you need more assistance afterwards.

Topic: Disaster Relief

← Back to FEMA and Flood Insurance

If any owner of a property receives FEMA assistance for a home that is located in a floodplain, FEMA will inform the homeowner that in the future, all owners of the home are required to keep flood insurance on the home. This requirement lasts as long as the home is still in a floodplain, and it applies to future owners as well. If the owner does not keep flood insurance on the home, and the home is damaged in another disaster, FEMA will deny assistance. This is true even if the current owner does not know about the flood insurance requirement.

Topic: Disaster Relief

← Back to FEMA Home Repair Assistance

If your home was damaged by a major disaster, you may be eligible for repair assistance from FEMA. FEMA repair assistance is only intended to help you with basic repairs to make it safe to return to your home. FEMA is not intended to assist with all repairs or result in your home returning to its pre-disaster condition.

FEMA also expects that you will soon return to your home and take steps to prevent further damage. For instance, if you have a hole in your roof, FEMA expects that you will place a tarp over it to prevent interior damage to your home.

You may be eligible for home repair assistance if:

  • You or a household member is a U.S. citizen, non‐citizen national, or qualified alien
  • Your home is in a declared disaster area
  • You own your home
  • Your home is uninhabitable or inaccessible due to the disaster
  • Your home is not covered by insurance, or your insurance does not cover your damage
  • You were occupying your home as your primary residence at the time of the disaster

You may NOT be eligible if:

  • You have other, adequate, rent-free housing available
  • You refused assistance from your insurance
  • You were required to maintain flood insurance after a previous disaster, but did not do so

Common issues that can cause FEMA to deny a homeowner’s claim include proving ownership and proving that the disaster has caused so much damage to the home that it is not currently habitable.

If FEMA denies your application for assistance or does not grant you enough money for your needs, you have 60 days to appeal. You can appeal on your own, or Legal Aid NC or another attorney can help you with your appeal.

Topic: Disaster Relief

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Estate planning and disaster recovery

Advanced planning can help you avoid many common legal issues following a natural disaster. To avoid a situation where people inheriting your property have difficulty proving their ownership, it is a good idea to prepare a will stating who you want to inherit your property. After a relative who owns property has died, it is important for a family member to have the estate administered through the courts to ensure that all legal requirements are met. Additionally, preparing powers of attorney before you need them can ensure that someone you trust is available to handle financial matters or make medical decisions for you when you need it.

Essential documents such as wills and powers of attorney may be lost or damaged after a natural disaster. You should verify that your documents are intact, and if not, contact Legal Aid NC or another attorney to help you create new versions of your documents.

Legal Aid of North Carolina can assist in preparing several types of documents:

  • Last Will and Testament: In your will, you decide who will inherit your property after you die, including land, cars, bank accounts, jewelry and other items. If you do not have a will, then the law decides which of your closest relatives will inherit your property, without regard to your specific family situation.
  • Power of Attorney: A power of attorney allows another person to handle financial and business matters for you, including accessing bank accounts, paying bills, buying or selling property, hiring attorneys or accountants, etc. You can choose to allow someone else to begin handling these matters immediately, or only if you are medically unable to do so yourself. After signing a power of attorney, you still have the authority to handle your own business as well as allow the other person to handle it for you.
  • Health Care Power of Attorney: A health care power of attorney tells your doctors who you want to make medical decisions for you if you are unable to make them for yourself. This document can also put limits on the types of decisions the person is able to make for you.
  • Living Will: A living will states your end of life wishes about what should happen if you are unable to make medical decisions for yourself, for instance, if you are in a coma or suffering from dementia.

There are legal requirements these documents need to meet in order to be valid. An attorney can help you prepare these documents to ensure that your wishes are known and respected.

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Topic: Disaster Relief

← Back to Property ownership, heir property, and estate planning

Many organizations that provide free home repair assistance after a disaster will require you to prove that you own your home before they can assist you. However, you are not required by law to prove that you own your home in order to authorize repairs. For instance, you can hire a contractor yourself without proving ownership to your contractor. Organizations providing assistance may set their own requirements, which often include proof of ownership.

In some cases, proving ownership of your home is straightforward. For instance, you may be able to provide:

  • A deed to the home with your name on it
  • A title, if your home is a mobile home, with your name on it
  • Proof that you have a mortgage on the home
  • A will from the last person holding a deed to the home, showing that that person left the property to you, accompanied by proof that the will has been administered through the courts
  • Some people have inherited property without a will, and/or the property is shared by many relatives. Lawyers often call this “heir property.” You may also know this as “family land.”

People who inherited their property without a will are legal owners of the property. However, proving your ownership may be challenging. You may need to prepare a family tree and verify whether other heirs who have died since inheriting the property had wills themselves. If you are in this situation, you should contact Legal Aid NC, or another attorney, to assist you in proving ownership of your property. Some organizations may only provide assistance if all owners of the property, including all heirs, agree to the repairs. An attorney can help you identify all owners of your property. Depending on your circumstances, a family tree can be more complex than the example provided below so it is a good idea to get assistance.

Property Ownership Example

Michael Donna John Ryan Nicole Betsy Ben Sara Alex Erica (Living Deceased)

In this example, Michael and Donna’s son(Ryan) and grandchildren (Alex, Sara and Erica) would all own the property together.

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Additional resources

Category Name Organization
Disaster Relief Wills and estate planning for disaster recovery Legal Aid of North Carolina

Topic: Disaster Relief

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FEMA Applications

If you have been affected by a federally declared disaster, you may qualify for disaster assistance through FEMA’s Individuals and Households Program. You should apply to FEMA as soon after the disaster as possible, and generally, you must apply within 60 days of the disaster.

FEMA can provide money for home repairs; temporary rental assistance; medical, dental and funeral expenses; vehicle repair or replacement; repair or replacement of essential household items; and other essential expenses related to the disaster.

To apply for FEMA assistance, you can:

  • Go to www.DisasterAssistance.gov
  • Call 1-800-621-3362 or TTY 1-800-462-7585
  • Apply in person at a FEMA Disaster Recovery Center

FEMA will send you a letter either approving or denying your request. If you are approved, FEMA will send you a letter explaining the purpose of the money. It is important that you only use FEMA money for its intended purpose. For instance, if FEMA’s letter explains that funding is intended for home repair, you should not spend it on rent or food. FEMA may provide you with money for more than one purpose at the same time.

You should save receipts showing how you spent the money for at least three years after you receive it. FEMA may ask you for proof that the money was spent as intended. If you receive money for home repair, but it is not enough to complete all repairs on your home, you should keep your receipts until all repairs are completed so that you can show proof of how you spent the FEMA money to any other organizations assisting you.

If you are unable to use the funding for the intended purpose, you should return it to FEMA. If you spend the money for another purpose, you may be required to repay FEMA in the future.

If FEMA approves you for rental assistance, you will receive two months’ rent upfront, which you may also use to pay a security deposit and your first month’s rent. If you need continuing rental assistance after that, you will need to turn in additional documentation to FEMA, including a copy of your lease and information about your income and expenses.

FEMA Home Repair Assistance

If your home was damaged by a major disaster, you may be eligible for repair assistance from FEMA. FEMA repair assistance is only intended to help you with basic repairs to make it safe to return to your home. FEMA is not intended to assist with all repairs or result in your home returning to its pre-disaster condition.

FEMA also expects that you will soon return to your home and take steps to prevent further damage. For instance, if you have a hole in your roof, FEMA expects that you will place a tarp over it to prevent interior damage to your home.

You may be eligible for home repair assistance if:

  • You or a household member is a U.S. citizen, non‐citizen national, or qualified alien
  • Your home is in a declared disaster area
  • You own your home
  • Your home is uninhabitable or inaccessible due to the disaster
  • Your home is not covered by insurance, or your insurance does not cover your damage
  • You were occupying your home as your primary residence at the time of the disaster

You may NOT be eligible if:

  • You have other, adequate, rent-free housing available
  • You refused assistance from your insurance
  • You were required to maintain flood insurance after a previous disaster, but did not do so

Common issues that can cause FEMA to deny a homeowner’s claim include proving ownership and proving that the disaster has caused so much damage to the home that it is not currently habitable.

If FEMA denies your application for assistance or does not grant you enough money for your needs, you have 60 days to appeal. You can appeal on your own, or Legal Aid NC or another attorney can help you with your appeal.

Additional Resources

Category Name Organization
Disaster Relief FEMA Home Repair Assistance Legal Aid of North Carolina
Disaster Relief FEMA and Flood Insurance Legal Aid of North Carolina
Disaster Relief Duplication of benefits Legal Aid of North Carolina

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Topic: Disaster Relief

← Back to Disaster Relief

If your rental home is destroyed or so badly damaged by a natural disaster that it is not sanitary or safe for you to live in, North Carolina law gives you the right to cancel your lease within 10 days of the date of the damage. You must give the owner or manager written notice of your intent to cancel the lease. You will be required to pay any rent currently due.

Your landlord may also end your lease if the damage is too severe for the landlord to repair. If this happens, your landlord must give you notice as required by your lease. If your lease does not state how much notice is required to end the lease, the amount of time is set by law. For example, on a month-to-month lease, the landlord must provide at least one week’s notice before the end of your lease.

If you continue to live in the home, the landlord is required to make repairs to make the home safe, decent and sanitary. The landlord must do this within a reasonable time. However, the repairs are only legally required if the landlord is aware of the damage. Make sure you inform the landlord about needed repairs right away, and that you keep a record of the date and your conversation. It is best to make your repair requests in writing, which may include handwritten, email, text message, or social media message.

If you have to move out while repairs are being made, you are not required to pay rent for the time that you are not living in the home. You will typically be responsible for your living expenses, including rent elsewhere, while repairs are being made. FEMA may be able to assist you with rental costs while you are displaced.

Your landlord can evict you for failing to pay rent that is due, even if you have been affected by a disaster. If you are unable to stay in the home or unable to pay your rent, you should stay in contact with your landlord to explain your situation and try to reach an agreement.

In general, your landlord is not responsible for damage to your belongings caused by the natural disaster. If you have renter’s insurance for your property, you should file a claim. You should also take pictures of all damaged property.

If you want to move due to damage to your home, or if your landlord continues to charge you rent without completing repairs, we recommend that you contact an attorney to ensure that your rights are protected. You can call the Legal Aid NC helpline to learn if you can get free assistance.

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