HURRICANE KATRINA RECOVERY (HKR) FACT SHEET - Download as DOC

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HURRICANE KATRINA RECOVERY (HKR) FACT SHEET - Download as DOC Powered By Docstoc
					         HURRICANE KATRINA RECOVERY ASSISTANCE PROGRAMS


Casualties, Disasters, and The ft
1.       FEMA Disaster Housing Program

The Disaster Housing Program provides housing assistance in the form of a grant to individuals whose
homes sustained damage as a result of a Presidentially declared disaster. To qualify for assistance, the
damaged home must be your primary residence, and be located in the disaster -declared area. If insured,
a claim should be filed. This program provides grants for lodging expense reimbursement, minimal home
repairs, rental assistance and Mortgage and Rental Assistance. A determination of the types of housing
assistance you are eligible to receive will be made if you apply.

Managing organization
U.S. Department of Homeland Security http://www.dhs.gov/dhspublic

Eligibility criteria
In order to qualify for this benefit program, you must be a national, citizen or dual citizen of the US whose
home was destroyed or damaged by a Presidentially declared major disaster.

Program contact information & web resources
Additional general information can be found at:
http://www.fema.gov/tabs_disaster.shtm
http://fema.gov


Individuals can apply for assistance by calling 1-800-621-FEMA, or on-line at www.fema.gov. Insured
homeowners should first file a claim with their home insurer before contacting FEMA. An
inspection is performed and a determination is made on your eligibility for one of the following types of
assistance: Lodging expense reimbursement, minimal home repairs, rental assistance and Mortgage and
Rental Assistance.

2.       Military Personnel and Civilian Employees’ Claim Act of 1964 (COMDINST
         M5890.9)

The Military Personnel and Civilian Employees’ Claim Act of 1964 (31 U.S.C 3721), (MPC ECA) provides
statutory authority for the settlement of claims for the loss of, damage to, or destruction of certain
property of military personnel or civilian employees occurring incident to their service.

Form CG-4111 or CG-4112 must be completed, approved by your supervisor, and sent to
MLCLANT Legal. These forms can be found by accessing the link below.

http://www.uscg.mil/ccs/cit/cim/forms1/form_cg.html



3.       Coast Guard Mutual Assistance Single Incident, Group Situation, Individual
         Assistance, Immediate and Long-Term Need

CGMA Phone Number: (800) 881-2462


Assistance may be provided to help with immediate needs when a client or their immediate family
members are affected by a disaster. CGMA can provide assistance to help our clients through the disaster
and reestablish their normal lifestyle with items not provided for by the Coast Guard, other government
agencies, insurance coverage, the American Red Cross or other relief organizations. Assistance must be
given only to individuals on a case-by-case basis.

Assistance under this provision is generally authorized for disaster relief by providing assistance as
follows:

Immediate Need: Due to the time sensitive nature of these cases, initial assistance should be provided as
a loan only for items immediately needed to prevent privation (food, shelter, and clothing). C lients should
complete the basic CGMA Application for Assistance (CGMA Form 5), without full financial disclosure




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required and sign the CGMA check (CGMA Form 52) indicating receipt of the assistance and repayment
authorization. Clients should be advised to return after the disaster has passed to provide additional
financial information, discuss repayment options and determine if additional assistance is needed.

Additional Need: After the disaster has passed, additional assistance may be considered for basic
essentials such as food, uniforms, civilian clothing, beds and linens, eating table and chairs, temporary
lodging etc., not covered by other sources. Assistance under other sections may also be considered to
help reestablish a household. The client will be expected to provide full financial disclosure to obtain
additional assistance.

CGMA believes that everyone should arrange for, and maintain, adequate health, life, vehicle,
homeowners or renters insurance as part of their normal budget. C lients should not consider CGMA as an
alternative to having adequate or no insurance. Loans, grants, and loans converted into grants are not
automatic and should not be expected in lieu of adequate insurance. Therefore, assistance for disaster
relief will normally be in the form of a loan. A grant, a combination of a loan and grant, or converting a
loan into a grant may be considered only when circumstances indicate that providing a loan will offer little
prospect of real help, and repaying a loan would result in a serious financial hardship on the family. Full
financial disclosure will be required demonstrating the need for a grant vs. a loan.


4.       Federal Tax Relief for Hurricane Victims

         www.irs.gov provides disaster relief information, topics, and forms for all other tax
         relief questions.

         A.       Hurricane Katrina Victims will have until January 3, 2006 to file & pay taxes
                  with an original or extended due date on or after Aug. 29, 2005.
                  Victims of Hurricane Katrina will have until Jan. 3, 2006 to file any returns, pay any
                  taxes or make any deposits due. This extends and expands relief is available in all the
                  counties and parishes listed in IRS news release IR-2005-91. It applies to any return,
                  tax payment or tax deposit with an original or extended due date that fell on or after
                  Aug. 29, 2005. The IRS will abate interest and any late filing, late payment or failure to
                  deposit penalties that would otherwise apply. This relief includes the Sept. 15 due date
                  for estimated taxes and for calendar-year corporate returns with automatic extensions;
                  the Oct. 17 deadline for individuals who received a second extension for filing their
                  individual income tax returns; and the Oct. 31 deadline for filing quarter ly federal
                  employment and excise tax returns.


         B.       General Tax Rules for Casualty Cases

                  If a personal residence loss is caused by such a presidentially declared disaster,
                  significant tax advantages are available to the affected taxpayer.

                  IRC Sec. 1033(h), effective for property involuntarily converted/destroyed (on or after
                  September 1, 1991, modifies the general tax treatment of such casualty losses by
                  easing the rules on the replacement of personal property and extending the overall
                  replacement period.

                  Recently issued Rev. Rule 95-22 clarifies the application of the provision of Sec.
                  1033(h). Insurance proceeds are generally divided into two types, those for unscheduled
                  personal property and those for scheduled property and the principal residence.
                  Scheduled property could include things like art works, coins, jewelry, etc., that are
                  specifically covered by the insurance policy.

                  IRC Sec. 1033(h) provides that for unscheduled personal property, no gain shall be
                  recognized because of the receipt of insurance proceeds, regardless of how the proceeds
                  are used. This provision permits the taxpayer to ignore having to determine the basis of
                  personal property destroyed or damaged, and keep track of amounts spent on
                  replacement property. This applies even if little or none of the proceeds are spent on
                  replacement personal property. Scheduled property would not qualify for this related
                  treatment.

                  The new provision treats proceeds received for the residence and scheduled contents as
                  proceeds for a single item of property. The proceeds would be treated as a "common
                  pool" of funds from which the taxpayer would only recognize gains to the extent the




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                  funds received exceed the cost of appropriate replacement property. Additionally, Rev.
                  Rule. 95-22 makes it clear that the replacement property could be either scheduled
                  personal property or the replacement residence in any proportion

         C.       Federal Income Tax Deduction for Casualty Losses

                  Description
                  The program offers tax relief for casualty losses that result from the destruction of, or
                  damage to your property from any sudden, unexpected, or unusual event such as a
                  flood, hurricane, tornado, fire, earthquake or even volcanic eruption. Casualty losses are
                  generally deductible only in the year the casualty occurred. However, if you have a
                  deductible loss from a disaster in a Presidentially declared disaster area, you can choose
                  to deduct that loss on your tax return for the year immediately preceding the year of the
                  casualty. If you have already filed your return for the preceding year, the loss may be
                  claimed in the preceding year by filing an amended return, Form 1040X (PDF) (Form
                  1120X for corporations).

                  Eligibility criteria
                  In order to qualify for this benefit program, you must be a victim of a Presidentially
                  declared disaster and you must be a taxpayer who is interested in receiving tax
                  information and preparation assistance.

                  Description
                  The program offers tax relief for casualty losses that result from the destruction of, or
                  damage to your property from any sudden, unexpected, or unusual event such as a
                  flood, hurricane, tornado, fire, earthquake or even volcanic eruption.

                  Program contact information & web resources
                  For additional information contact:
                  Internal Revenue Service
                  Tax forms and Publications
                  W:CAR:MP:FP
                  1111 Constitution Ave NW
                  Washington DC 20224

                  Or visit our website:
                  http://www.irs.gov/taxtopics/tc500.html

5.       Federal Disaster Unemployment Insurance

Description
The Disaster Unemployment Assistance (DUA) program provides unemployment benefits to individuals
who have become unemployed as a result of a Presidentially declared major disaster.

Eligibility criteria
In order to qualify for this benefit your employment or self-employment must have been lost or
interrupted as a direct result of a major disaster and you must have been determined not eligible for
regular state unemployment insurance. File with the local unemployment insurance office nearest you,
regardless of the state where the job was lost.

Payment will be made to an unemployed worker, who as a direct result of a major disaster:

        No longer has a job;
        Is unable to reach the place of work;
        Was to commence work and does not have a job or is unable to reach the job;
        Has become the breadwinner for the household because the head of household died. [If you
         became a breadwinner due to the death of a self-employed individual, you are considered an
         unemployed worker for DUA purposes]; or
        Cannot work because of a disaster-incurred injury.
With exceptions for persons with an injury and for self-employed individuals performing activities to return
to self-employment, individuals must be able to work and available for work, which are the same
requirements to be eligible for state unemployment insurance benefits.

Managing organization
U.S. Department of Labor http://www.dol.gov/



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Program contact information & web resources
You can also call:
877-872-5627

People who are hearing impaired may call this toll-free TTY number:
877-889-5627

More information about this program and where to apply for benefits under this program is available at:
http://workforcesecurity.doleta.gov/unemploy/disaster.asp


6.      Federal Home Mortgage Insurance for Disaster Victims

Description
This program can help individuals purchase a new home or rebuild their house if they are victimized by a
major disaster. While HUD does not lend money directly to buyers to rebuild or purchase, FHA -approved
lenders make loans through this special insurance program. The Section 203(h) program allows the
Federal Housing Administration (FHA) to insure mortgages made by qualified le nders to victims of a major
disaster who have lost their homes and are in the process of rebuilding or buying another home.


Eligibility criteria
In order to qualify for this benefit program, you must be a current or prospective homeowner with a home
destroyed or damaged by a Presidentially declared major disaster.

Managing organization
U.S. Department of Housing and Urban Development http://www.hud.gov/

Also, https://hud.gov/katrina/index

HUD also has a toll free emergency hotline 1-888-297-8685

Program contact information & web resources
To read more about this program, go to:
http://www.hud.gov/offices/hsg/sfh/ins/203h-dft.cfm

7.      Federal Economic Disaster Injury Loans for Small Businesses

Description
If your small business has suffered substantial economic injury, regardless of physical damage, and is
located in a declared disaster area, you may be eligible for financial assistance from the U.S. Small
Business Administration. Small businesses and small agricultural cooperatives that have suffered
substantial economic injury resulting from a physical disaster or an agricultural production disaster
designated by the Secretary of Agriculture may be eligible for the SBA's Economic Injury Disaster Loan
Program. Substantial economic injury is the inability of a business to meet its obligations as they mature
and to pay its ordinary and necessary operating expenses. An EIDL can help you meet necessary financial
obligations that your business could have met had the disaster not occurred. It provi des relief from
economic injury caused directly by the disaster and permits you to maintain a reasonable working capital
position during the period affected by the disaster.

Eligibility criteria
The SBA provides EIDL assistance only to those businesses we determine are unable to obtain credit
elsewhere. You may request an EIDL for the amount of economic injury and operating needs, but not in
excess of what your business could have paid had the disaster not occurred. In determining your eligible
amount, the SBA will look at the total of your debt obligations, operating expenses that mature during the
period affected by the disaster, plus the amount you need to maintain a reasonable working capital
position during that period, and expenses you could have met and a working capital position you could
have maintained had the disaster not occurred.

The amount of your economic injury does not automatically represent the dollar amount of your loan
eligibility; the SBA will evaluate the information you provide and determine the reasonableness of your
loan request.

Managing organization
U.S. Small Business Administration www.sba.gov




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Program contact information & web resources
For more information about this program, please visit:
http://www.sba.gov/disaster_recov/loaninfo/ecoinjury.html


8.       Military Reservist Economic Injury Disaster Loan Program


Description
The purpose of the Military Reservist Economic Injury Disaster Loan program (MREIDL) is to provide funds
to eligible small businesses to meet its ordinary and necessary operating expenses that it could have met,
but is unable to meet, because an essential employee was "called-up" to active duty in their role as a
military reservist. These loans are intended only to provide the amount of working capital needed by a
small business to pay its necessary obligations as they mature until operations return to normal after the
essential employee is released from active military duty. The purpose of these loans is not to cover lost
income or lost profits. MREIDL funds cannot be used to take the place of regular commercial debt, to
refinance long-term debt or to expand the business.

Eligibility criteria

Federal law requires SBA to determine whether credit in an amount needed to accomplish full recovery is
available from non-government sources without creating an undue financial hardship to the applicant. The
law calls this credit available elsewhere. Generally, SBA determines that over 90% of disaster loan
applicants do not have sufficient financial resources to recover without the assistance of the Federal
government. Because the Military Reservist economic injury loans are taxpayer subsidized, Congress
intended that applicants with the financial capacity to fund their own recovery should do so and therefore
are not eligible for MREIDL assistance.

Credit Requirements: SBA's assistance is in the form of loans, as such SBA must have a reasonable
assurance that such loans can and will be repaid.

Collateral Requirements: Loans of $5,000 or less do not require collateral. Loans in excess of $5,000
require the pledging of collateral to the extent that it is available. Normally the collateral would consist of
a first or second mortgage on the business property. In addition, personal guaranties by the principals of
the business are required. The SBA will not decline a loan for lack of collateral, but you must pledge
available collateral.

Managing organization
U.S. Small Business Administration www.sba.gov

Program contact information & web resources
For more information about this program, please visit:
http://www.sba.gov/disaster_recov/loaninfo/militaryreservist.html

9.       American Bar Association Disaster Legal Services Hotlines:
If you need long-term legal help because of the disaster, the ABA Young Lawyers Division/FEMA toll-free
hotline is:
Alabama: 1-800-354-6154
Louisiana: 1-800-310-7029
Mississippi: 1-866-255-4495
Texas: 1-800-504-7030


10.      If you are a victim of being unlawfully evicted from your apartment or rental
         property, you can contact your state’s Office of the Attorney General at:


Alabama Office of the Attorney General (334) 242-7300
Louisiana Office of the Attorney General (225) 326-6705 and (800) 351-4889
Mississippi Office of the Attorney General (601) and (888) 528-5780
Texas Office of the Attorney General (512) 463-2100 and (800) 252-8011




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If a Landlord attempts to breach the lease contract by early termination of the lease and/or non-payment,
they could be liable for consequential damages, subject to Unfair and Deceptive Trade Practices (Triple
damages plus attorney’s fees and court costs).


Servicemembers are protected by the Servicemembers Civil Relief Act (SCRA)
Sections 531, 534, 537, and 538
Service members can not be evicted without a court order; there can be no seizure of personal property
without a court order. Violations of the SCRA are subject to criminal action.


11.         Coast Guard Legal Assistance Contact Numbers:
            (866) 811-3323
            (314) 539-3199



12.           Customer Service Numbers


Credit Cards

American Express                  800-528-4800
Bank of America                   800-732-9194
Best Buy                          800-365-0292
Capital One                       800-955-7070
CHASE                             800-432-3117
Citi Bank                         800-950-5114
Discover                          800-347-2683
Home Depot                        800-677-0232
Lowes                             800-444-1408
MBNA                              800-421-2110
Military STAR                     877-891-7827
Target                            800-659-2396
Walmart                           800-966-6546

Banks

Bank of America                   800-423-1000
CHASE/Bank One                    800-935-9935
Hibernia                          800-666-4417
Navy Federal                      888-868-8123
USAA                              800-531-2265
Washington Mutual                 800-788-7000
Wells Fargo                       800-869-3557
Whitney                           877-611-9448

Utilities

AllTel                            800-255-8359
Bell South DSL                    888-321-2375
Bell South Phone                  888-757-6500
Charter Cable                     866-310-8205
Cingular Wireless                 866-246-4252
Cleco Electric                    318-484-7400
Cox Cable                         504-304-8444
Direct TV                         800-494-4388
Enterergy Electric                800-368-3749
Nextel                            800-639-6111
Sprint                            888-211-4727
T-Mobile                          800-937-8997
Verizon                           800-922-0204




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Insurance

AllState         800-547-8676
Farmer's         800-435-7764
Geico            877-206-0215
Liberty Mutual   617-357-9500
MetLife          800-422-4272
Progressive      800-776-4737
State Farm       800-732-5246
USAA             800-531-8222




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