McWaters v. FEMA

McWaters v. FEMA. A class action law suit was filed against the Federal Emergency Management Agency in U.S. District Court in New Orleans on behalf of hurricane survivors who have not received adequate FEMA assistance. The complaint, McWaters v. FEMA, provides details of the challenge. An article on the suit appears in the November 10 New York Times.

On November 18, lawyers in the suit moved for a temporary restraining order (TRO) against FEMA in the New Orleans federal court, and a second | TRO motion and | amended complaint were filed November 28 to address the closure of the hotel/motel program. Hearing for both TRO motions was held on December 9. A news report regarding the hearing state that FEMA announced an extension to the hotel program in federal court. On December 12, Judge Duval of the U.S. District Court, issued an order requiring FEMA to extend the hotel/motel program until February, 2006. The court ordered FEMA to give every evacuee currently in short term lodging at least two weeks notice prior to terminating their assistance in the program. The order also stops FEMA from requiring completion of an SBA loan application before Temporary Housing Assistance is given.

On January 12, 2006, Judge Duval issued a modified order regarding closure of the hotel/motel program. This order extends the deadline so that the earliest evacuees can be terminated from the hotel program is February 13. For New Orleans and Jefferson Parish this deadline is March 1. Evacuees must register with FEMA by January 30 to remain after that time.

In a related case Sylvester v. Bossiere, Judge Duval ordered a stay of evictions in Orleans and Jefferson Parishes on November 18. The order requires that notice be given to tenants. FEMA has agreed to provide the local courts with the current address of Katrina survivors who are facing eviction proceedings. They will be mailed notices regarding the evictions and not until 45 days after mailing can their trials be scheduled. Prior to this decision, notices were simply be tacked to their doors and hearings held 3 days later and tenants were then thrown on the streets. For the first time, FEMA has agreed to provide information to protect tenancies for survivors.