Michigan Legal Aid

RECOVERING FROM HURRICANES AND OTHER NATURAL DISASTERS

Your Rights

representative questions and answers about legal rights in the aftermath of a disaster

Note: This article was prepared by Legal Services of Greater Miami following Hurricane Katrina. It has been adapted for use by people currently in Michigan who have been affected by Katrina or other recent disasters.

HOUSING

My house was damaged and I cannot live in it - do I need to pay my mortgage?

You must pay your mortgage even if your house is damaged and you cannot live in it. However, check with your lender since many companies may offer a grace period of several months to delay payments (although interest may continue to be added).

If you have received a written foreclosure notice as a result of a disaster related financial hardship, you may be eligible for Federal Emergency Management Agency (FEMA) payments to help you with your mortgage payments. FEMA benefits are explained in another section of this pamphlet.

If you have income and you want to keep your house, you may be able to file a chapter 13 bankruptcy. In this type of bankruptcy, the homeowner proposes a plan of how (s)he will pay regular mortgage payments and all other living expenses, and also pay an amount every month toward the mortgage arrears. If you think you may want to file a Chapter 13 bankruptcy, you should consult an attorney.

If you live in a condominium or pay maintenance to any type of homeowners’ association, you still need to pay your maintenance fees even if your homeowners’ association is not fixing the common areas or you do not like the way they are doing repairs. You should attend the homeowners’ association meetings to voice your concerns, and talk with other homeowners and members of the board about your complaints. A group of you may want to seek legal advice. However, if you just stop paying maintenance, you could lose your home to foreclosure.

If you have homeowner’s insurance, you will most likely be eligible for money for living expenses while you cannot live in your house. You need to contact your insurance company. If you did not have homeowner’s insurance then you may be eligible for assistance under the Assistance for Individuals and Households program to pay for necessary repairs to essential parts of your home. You may apply for assistance by telephone at 1-800-621-3362.

Your landlord may also be experiencing financial hardship until his/her insurance money comes through for repairs. Talk to your landlord to see if the rent can be reduced until the apartment is repaired. See if the landlord will allow you to move to another unit in the building that is liveable.

You have the right to reduce rent in proportion to the damage to the unit. If the unit is uninhabitable you can move out. In either case, you should send a certified letter to your landlord notifying him/her of your actions. See our materials on writing to your landlord and contact your local Legal Services office if you need further assistance.

If you had renter’s insurance at the time of the hurricane, contact your insurance company. If your situation is desperate, make sure you describe your situation to the insurance company; if the company agrees that there is coverage, you can ask for 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.

If you did not have renter’s insurance, see if your landlord had insurance to cover your belongings. If your losses are not covered by any insurance policy, you may be able to get an Assistance for Individuals and Households grant for replacement of necessary items of personal property. You may apply for these benefits through FEMA at 1-800-621-3362.

Micihgan law, and that of most states, does not allow a landlord to just lock you out or turn off the utilities or to use any other "self help" means to get you to leave. The landlord must file an eviction action in court and, then you only have to move out after the judge in your eviction case enters a final judgement of eviction. Furthermore, the landlord must first give you some type of written notice to move before the landlord can file an eviction case against you in court.

If you get any eviction court papers, you can call Legal Services for assistance with the eviction lawsuit. If the landlord does lock you out, you should call the police immediately. You should also consult Legal Services or a private lawyer if you are locked out.

If your rental unit is in Michigan, please consult our separate materials regarding security deposits. Otherwise you will have to consult your local legal aid office or state wide legal aid website to learn about the security deposit laws that apply.   

IMMIGRATION

If you have any insurance policy which you think may cover your damage, whether it is a homeowner’s, renter’s, or car insurance policy, call your agent, broker, or insurance company as soon as possible, and report your loss. Do this even if you are not sure that there is coverage or if you do not know if the claim will exceed the deductible. Make sure you write down the name of the person you speak to and the claim number they will give you.

If you cannot get through to your insurance company by telephone, write them a letter telling them of your loss and keep a copy of it. If you cannot find the insurance policy, contact your agent, broker or insurance company. If you cannot stay in your home, make sure you give the insurance agent or representative your new address and telephone number.

If you own a condominium, you should look at both the coverage provisions in your association insurance policy, and the coverage under your individual unit coverage owner’s insurance policy.

You should request the insurance company to send an adjuster to look at your property. It is best if this request is in writing. If necessary, in Michigan, you should contact the Office of Financial and Insurance Services or similar departments in other states. .

If circumstances allow, make a list of all property damaged or destroyed, take pictures, collect names, addresses and telephone numbers of witnesses, obtain repair estimates, keep a record of expenses, such as alternative housing, etc., and locate original bills and receipts for lost items. Submit these along with your claim to the insurance company.

Some insurance policies provide for reimbursement for temporary housing relocation costs while your home is being repaired and for car rental costs while your car is being repaired or replaced. Check your policy or call your insurance company.

If your situation is desperate, make sure that you let the insurance company know and, if the insurance company agrees that there is coverage, ask for an advance payment toward your losses. Due to the extreme amount of damage caused by a hurricane, insurance companies may recommend you start repairing the damaged property before the adjuster’s visit. You should get the company’s permission before doing so. Many companies will also give you an emergency advance to cover some repair costs.

You should CONSULT A LAWYER before signing any release or waiver and before cashing any check from the insurance company which might be deemed full and final payment of your claim. Before you settle with the insurance company, be aware of the full extent of your damage and the full value of your claim. It may be important for you to get estimates or to actually have the work completed before you agree to a specific cost figure.

You should demand that the insurance company give you its reasons IN WRITING for denying coverage or limiting your claim, and consult a lawyer. Most insurance policies require that you bring suit against the insurance company for failure to pay a claim WITHIN ONE YEAR from the date of the occurrence of the damage. If you do not file suit in time, you may be prevented from receiving any reimbursement.

You may be eligible for benefits under the FEMA program if you are unable to pay for repair or replacement of essential parts of your home or essential personal property. See the FEMA site refereced above.

You may also keep all of your repair and replacement receipts and file your losses with the IRS on your income tax returns next year. For information, you may call the Internal Revenue Service at 1-800-829-1040.

SOME CONSIDERATIONS

1. Beware of anyone who claims that they are working on behalf of the government, the state Department of Insurance or your insurance company and asks for money to help expedite your claim. Ask this person’s name and immediately report this to your insurance company or (in MI) the Office of Financial and Insurance Services for verification.
2. You may be approached by a "public adjuster" who will offer to assist you in handling or expediting your insurance claims in return for a percentage of your insurance benefit payments. Consult an attorney before signing any contract.
3. Most insurance companies will only reimburse for reasonable cost of repair. If prices quoted for repairs appear inflated, get another estimate and obtain your insurance company’s agreement before undertaking repairs. Remember that your claim will only be approved to the extent that it does not exceed your policy limit. If you undertake repairs at an inflated price, you may reach your maximum policy limit very quickly.

IMMIGRATION DISASTER RELIEF (FEMA)

Do I need to be a U.S. resident to apply for emergency disaster relief?

You can qualify for non-cash FEMA disaster programs even if you do not have a legal immigration status. Receipt of other benefits depends on immigration status.

No. Acceptance of Emergency Disaster Relief will not be considered public cash assistance preventing you from becoming a resident. You will not be classified as a public charge solely because you have accepted emergency disaster assistance.

Please consult the USCIS website for a list of local offices and further information.  

If you have a pending case, you are required to inform the immigration court of any change in address or telephone within 5 days of moving. Notice of a change of address is made on immigration form EOIR-33, which should be sent certified mail to: U.S. Department of Justice, EOIR, Office of the Immigration Judge, P.O. Box 381139, Miami, Florida 33238-1139. If you cannot obtain this form, mail a letter to the above address. In the letter include your name, alien registration number, and new address and telephone number.

If your case is pending before the asylum unit, notice of a change of address must be sent to: Immigration and Naturalization Service, Asylum Unit, P.O. Box 851041, Mesquite, Texas 75185-1041.

If your case for adjustment or suspension of a final order is pending before the immigration service, notice of change of address should be sent to: 7880 Biscayne Boulevard , Miami, Florida 33138.

If your application for citizenship or asylum is pending, notify INS, Asylum office, 77 S.E. 5^th Street, 3^rd Floor, Miami, 33131.

Be sure to include your alien registration number on all letters or forms sent in to INS. If you are in a shelter or tent site because your home was damaged, you should provide the address of a relative or friend who can receive your mail until you are able to obtain other housing. Send all correspondence by certified mail and keep a copy. In fact, if possible, you should hand deliver correspondence to INS in Miami.

DISASTER RELIEF (FEMA)

What kind of benefits does FEMA provide?

The Federal Emergency Management Agency (FEMA) is an umbrella organization that coordinates state and federal government benefits for disaster victims, and determines eligibility for Assistance for Individuals and Households. Call FEMA at 1-800-621-3362. The phones are open until midnight.

You must show that your primary residence has been made unlivable or that you are no longer living there because of the disaster. If you have insurance you must also show that you have made reasonable efforts to obtain insurance benefits and that you have not been successful. You must also agree to repay FEMA to the extent that you later get insurance benefits.

Assistance for Individuals and Households is also available to individuals and to families who have disaster related necessary expenses or serious needs, and who do not have adequate assistance from other sources, such as insurance.

Assistance for Individuals and Households usually takes the form of a check to cover the cost of rent, mortgage or essential home repairs.

You may apply for rental or mortgage assistance if you have received written notice of eviction for nonpayment of rent or mortgage. This kind of assistance may be provided for a period not to exceed 18 months for homeowners and 3 months for renters.

Money for home repairs is available for the purpose of quickly repairing or restoring the essential living condition. Residences must be able to be made livable by repairs within 30 days.

Assistance for Individuals and Households also provides grants to cover necessary expenses or serious needs for essential items or services in the following categories:

1. For the repair, replacement or rebuilding of owner occupied housing;
2. To provide clothing, household items, furnishings, and appliances, tools required as a  condition of employment; 
3. To replace or repair vehicles or provide public transportation;
4. To pay for funeral expenses.

No. Individual and family grant benefits may not be counted either as income or resources in determining your eligibility for any income-tested programs supported by the federal government.

No. Assistance for Individuals and Households benefits are exempt under federal law from garnishment, seizure, encumbrance, levy, execution, pledge, attachment, release, or waiver. They also cannot be assigned or transferred away from the recipient to someone else.

No. Most legal residents, refugees, asylees, parolees for at least 1 year, and Cuban/ Haitian entrants are eligible to receive Assistance for Individuals and Households benefits. In order to obtain money to repair an owner occupied residence, you must show that you are the owner of the home and that you reside there.

In order to qualify for an interest loan, you must show that your home or business was damaged by the hurricane, and that you have the ability to repay the loan.

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

SBA provides low interest loans for repairs.

UNEMPLOYMENT COMPENSATION

If you became unemployed because your employer’s business was destroyed or closed because of the hurricane, or you lost your job because your house or your car was destroyed, or because you were no longer able to get to work due to the hurricane, you may be entitled to receive Unemployment Compensation (UC) benefits or Disaster Unemployment Assistance (DUA).

You may pick up an application for either regular UC or special Disaster Unemployment Compensation Assistance benefits at your local One Stop Service Center. For asssitance finding local facilities and other useful information consult the Michigan Unemployment Insurance Agency website.  If you are applying for DUA call FEMA at 1-800-462-9029 first to get a registration number.

You are eligible for regular UC benefits if you are unemployed. However, some immigration restrictions apply. You must have a valid work permit, and;

1. filed a UC claim;
2. registered for work at a local Employment Services Office;
3. able to work and available for work;
4. meet certain wage requirements; and
5. served a one week waiting period; and

Even if you meet the requirements listed above, you can be disqualified from receiving UC if:

1. You voluntarily quit your job without good cause attributable to the employer; or

2. You were terminated because of misconduct; or

3. You refused employment without good cause.

Even if you are not eligible for regular UC benefits, you may still be eligible for Disaster Unemployment Compensation Assistance benefits. You must be an unemployed U.S. citizen, permanent or temporary U.S. resident, or have a valid work permit, and show that:

1. You filed a DUA claim on or before (date based on date of natural disaster).
2. You are unemployed as a result of the hurricane;
3. You registered for work through a local agency and are able and available for work, unless you were injured as a result of the hurricane or if you were self employed before the hurricane, you remain unemployed because you are attempting to get your business back in order; and
4. You meet certain wage requirements.

You have the rights to appeal the decision within twenty (20) days from the date on the Notice of Determination. After you have appealed you will get a notice telling you about your appeal rights. If you need a translator, you should ask for one in advance. At the hearing, you will have an opportunity to explain to the appeals referee why you are entitled to UC or DUA. You should bring witnesses and documents with you to prove your case.

PUBLIC EDUCATION

Yes. If the schools are open in your county, unless there is a good reason for not sending them to school, you must send your children to school. You should listen closely to the public announcements. You will be given directions as to whether schools are open and the procedures for sending and picking up your children. If you are uncertain what to do, you should contact your child or children ’s school.

Yes. A licensed doctor may provide emergency medical care or treatment to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition if delay in providing the care will endanger the health or physical well-being of the minor. The care must be provided in a licensed facility. Care may also be provided in the pre-hospital setting by paramedics and emergency medical care technicians. This will apply if:

1. The minor is unable to provide the name of his parent(s), guardian or legal custodian.
2. The parent(s), guardians, or legal custodian cannot be immediately located by telephone at their place of residence or business.

Yes. After a reasonable attempt to contact you has been made, any of the following may consent to non-emergency medical care or treatment of a minor who is not committed to the Department of Human Services:

1. A person who possesses a power of attorney to provide medical consent for the minor.
2. your child’s stepparent.
3. your child’s grandparent.
4. your child’s adult brother or sister.
5. your child’s adult aunt or uncle.

You should contact the local agency that placed the child in your home for specific instructions as to how the child is to receive medical care during an emergency.

A natural disaster causes a great deal of stress on everyone. This can lead to increased tension and violence in family and household units. The law offers protection for victims of acts of violence. Victims have the right to take legal action against the person who is causing the violence by seeking an injunction. If you require immediate assistance, you should contact law enforcement. If you need assistance with obtaining a protection order, you should contact your local Court Clerk. You can find your local court online at the Michigan Trial Courts directory.

There are numerous providers of counseling services on an ongoing basis. After a natural disaster, additional providers will be available. Information on disaster counseling is usually made available through public information announcements after the disaster. You should also check with hospitals and other mental health agencies in your community in reference to the availability and cost of disaster counseling.

Expedited food stamps are available to very needy persons within 7 calendar days of application. The expedited process is part of the regular food stamp program application process.

To be eligible for expedited food stamps you must show one of the following:

1. you or your household have no more than $150 in monthly income before taxes and $100 or less in cash or in bank accounts; or
2. your basic shelter and utility expenses are greater than your present income and resources combined.

You must only be able to verify that you are who you say you are by showing documents bearing your name, or by having someone say they know you.

You will be asked for verification of your immigration status, your social security number, your income and your expenses at the time you apply. However, you will be eligible for expedited food stamps within 7 days after you apply even if all of the verification cannot be obtained.

Yes, your food stamp application must be processed and you must receive a written decision within 30 days stating whether you are eligible, and the amount of benefits to which you are entitled. If you are denied benefits, but you believe you are entitled to them, contact the Legal Services office closest to you.

For further information about expedited food stamps in Michigan see our article here.

                            TANF BENEFITS - CASH ASSISTANCE 

Yes. If you live in the same household as your minor children and you are poor, you may be eligible for TANF. You should apply at the Department of Human Services office nearest you. If you are denied benefits, or DCAF takes longer than 45 days to make a decision in your case, contact the Legal Services office closest to you.

Yes. If you are pregnant, have young children, are disabled, elderly, or an unemployed head of household, you and your family may be eligible for Medicaid depending on your immigration status, income, resources, and the size of your household. You should apply at the Department of Human Services office. If you are denied or you do not receive a decision within 45 days, contact the Legal Services office closest to you.

If you live within the disaster area and you did not receive your Social Security or SSI benefits, you should go to your local post office to get your check. If the check is lost call 1-800-772-1213.

If you are blind, over the age of 65, or disabled and cannot perform any kind of work, you should apply for benefits at the Social Security office nearest you. You can find local offices online. You can start an application online or by calling the Social Security Administration’s toll free telephone number 1-800-772-1213. Once Social Security has all the necessary documentation, such as proof of earnings, and medical evidence of disability, it will send you a written decision. If you are denied and you think you are eligible, you should file a request for reconsideration within 60 days of the date of the initial decision. If you are denied again, you should request a hearing and contact Legal Services.

Yes. You may be eligible for other kinds of Social Security or SSI benefits, on your own account, or on the account of another if you want to retire, or you are an aged or disabled widow or widower, or you are the dependent family member of a disabled, retired or deceased worker. If you think you are eligible for any of these benefits, you should contact the Social Security Administration and apply.

To locate free or low cost legal assistance:

• Visit the Michiganlegalaid.org home page and search for local assistance by entering your zip code in the box marked “Find a lawyer, organization or related service to help you with your problem.” or

• Look under "attorneys" in the yellow pages to find your local legal aid office, or

• Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738. 

• Persons age 60 or older, regardless of their income, may be able to receive free advice from the Legal Hotline for Michigan Seniors by calling (800) 347-5297.

This article appears courtesy of Legal Services of Greater Miami and the Michigan Poverty Law Program