Representatives Lizzie Fletcher (D-TX) and Nikema Williams (D-GA) introduced the “Heirs Empowerment and Inheritance Rights (HEIR) Act” and the “Heirs’ Estate Inheritance Resolution and Succession (HEIRS) Act” in a single legislative package in the U.S. House of Representatives on April 24. The two bills would make disaster aid accessible to heirs’ property owners. “Heirs’ property” is family land inherited without a will or traditional documentation of ownership. NLIHC’s Disaster Housing Recovery Coalition (DHRC) helped draft language in the bills and has endorsed both pieces of legislation.
Federal agencies’ refusal to accept alternative forms of documentation for heirs’ property has been a major barrier for many marginalized groups attempting to access the disaster recovery aid they need. HUD administers the Community Development Block Grant-Disaster Recovery (CDBG-DR) program, which provides long-term housing assistance to disaster-impacted households. Currently, many states administering these programs require title documentation from homeowners interested in enrolling in a program, preventing individuals who own their home via heirs’ property from receiving assistance.
Representative Fletcher’s “HEIR Act” would allow homeowners and landlords to use a variety of documentation, instead of only a traditional title, to prove to HUD that they own their property and thus should have access to recovery money. The legislation also directs HUD to create a standardized affidavit of ownership form that will be accepted as ownership documentation and be available in a variety of languages.
“These bills are meaningful steps toward increasing resources and access to justice for heirs’ property owners,” said Congresswoman Fletcher. “We have seen the devastating consequences heirs’ property owners have faced following natural disasters and forced sales of property over many years.”
Representatives Williams’s “HEIRS Act” would create two grant programs for states that adopt the “Uniform Partition of Heirs Property Act.” If enacted, the grant programs would fund educational outreach, housing counseling, and legal assistance for heirs’ property owners.
“We have seen the devastating impact on families who can’t get assistance to repair and rebuild their homes after a disaster because they don’t have traditional proof of ownership,” said Madison Sloan, director of disaster recovery and fair housing at Texas Appleseed. “These bills will provide critical help to families across the country so they can stay in their homes, build financial security, and be less vulnerable to the next disaster.”
Congressional and National Updates
The Brookings Institution wrapped up a six-part series on federal disaster policy reforms with an epilogue calling for legislative action on disaster recovery – including passage of the NLIHC-endorsed “Reforming Disaster Recovery Act,” which would permanently authorize HUD’s long-term disaster recovery programs and ensure that long-term recovery assistance can more quickly reach those most in need of assistance after disasters.
HUD released a fact sheet on recent efforts to increase access to climate resiliency tools, energy efficiency measures, and green home and community development.
ProPublica published an excerpt from the book On The Move: The Overheating Earth and the Uprooting of America about climate migration in the U.S. The excerpt discusses how climate change-induced migration is reshaping American communities, particularly in vulnerable coastal areas like Louisiana. The story focuses on Slidell, which has become a refuge for climate evacuees from more vulnerable areas, leading to population growth and gentrification. However, even Slidell is not immune to the effects of climate change, as rising sea levels threaten the region's future viability.
State and Local Updates
Arkansas
The town of Wynne, Arkansas, is still recovering from a tornado that touched down in the East Arkansas town one year ago. When asked about the biggest challenge to recovery facing Wynne, a disaster case manager answered “[f]unding and housing. We have a lot of clients that are still homeless, that are living in FEMA trailers. They didn’t have insurance, they don’t have the funds, they were lower-income to begin with and now trying to find them housing is the hardest part, because there’s no housing available in Wynne. They’re at capacity. FEMA allows [Wynne residents living in FEMA trailers] a certain period of time [before moving out]. That time is ticking.” The case manager added that “[s]ome of them may have less than five months to stay in that trailer, either to purchase it or to move out of it. Some may have another month, some may have another five months, but time is ticking on those.”
Florida
The deadline for submitting LeeCares Hurricane Ian Housing Recovery Program applications is May 15. The LeeCares program is funded through HUD long-term recovery funds and is open to households in Lee County impacted by Hurricane. The program includes housing rehab, reconstruction, and elevation programs and offers home purchase assistance for households living in flood zones who are seeking to relocate.
Hawaii
Maui wildfire survivor group Lahaina Strong achieved a significant victory in its efforts to let counties phase out short-term rentals when a Senate bill allowing just that passed a joint Senate-House conference committee in the Hawaii state legislature. The group has spent five months pushing for the conversion of short-term rentals into long-term rental units that could more easily house families displaced by the Maui wildfires.
Representative Ed Case (D-HI) of the U.S. House of Representatives called on FEMA to broaden transitional housing support for the thousands displaced by the Lahaina wildfires in August 2023. During a subcommittee hearing on the fiscal year 2025 Department of Homeland Security (DHS) budget, which includes funding for FEMA, Rep. Case urged DHS Secretary Alejandro Mayorkas to build transitional houses instead of relying on relocating victims from hotels and other post-emergency dwellings to existing homes or apartments.
New Mexico
FEMA has tapped former New Mexico disaster agency director M Jay Mitchell to run its efforts to provide $4 billion in compensation to survivors of the Hermits Peak-Calf Canyon Fire, the largest blaze in state history. The fire was started by federal employees conducting an approved prescribed burn that subsequently spread out of control. Mitchell, who led the New Mexico Department of Homeland Security in 2014, was selected after a controversially short application window, which some criticized for narrowing the potential pool of applicants. Mitchell is a fifth-generation New Mexican, a former Air Force colonel, and a senior advisor at a global security consulting firm.
North Carolina
The North Caroline Office of Recovery and Resiliency (NCORR) announced the launch of its Homeownership Assistance Program in Haywood County. The program will provide assistance to homeowners impacted by Tropical Storm Fred.
Oklahoma
On April 8, two firefighters sustained injuries while combating a wildfire that consumed more than 5,000 acres (2,023 hectares) in Woodward County, Oklahoma. Over 1,000 individuals were subject to mandatory evacuation orders, with more than 1,200 residences at risk. As of April 12, the fires have been completely contained.
Texas
HUD and the City of Houston successfully worked together to extend by two years the spending deadline for HUD long-term recovery funds provided to the city. In addition to the deadline extension, the Texas General Land Office announced that it was creating a program to provide 900 households that were erroneously denied relocation assistance with financial help after they were displaced from four repeatedly flooded rental properties that received buyouts with federal disaster recovery funding.
Resiliency & Mitigation Corner
The Journal of Risk and Insurance published a research article examining the role insurance plays in improving disaster recovery for families and communities. Research finds that families with insurance – whether homeowner’s, renter’s, or flood insurance – are less likely to face financial hardships in both the short and long terms. Moreover, financial benefits from insurance at the household level extend to the community. Now that extreme weather and disasters are becoming more common, the importance of this research cannot be understated. Unfortunately, the research also finds that although there are many benefits to insurance, many households cannot access insurance plans because premiums are unaffordable. Lack of access is a particular problem for low-income households – the very households who would most benefit from it.
The U.S. Department of Agriculture’s (USDA) Rural Disaster Home Repair Grants Program is open and accepting applications. The USDA launched the program last year to help people with low incomes repair or relocate their homes damaged by Calendar Year 2022 presidentially declared disasters. Grant money can be used on disaster-related home repair expenses (including costs incurred prior to application), site preparation, and to cover the cost of transferring a manufactured home. Applicants may access up to $42,920 in grant funds.
The Urban Institute held a panel discussion focused on its report “Housing Resilience in Greater New Orleans.” The report examined the state of mitigation and resilience for 10 years following Hurricane Katrina. Researchers found that despite the growing number of home retrofit services, service providers, and financial incentives, overall, households were not helped by mitigation efforts due to lack of affordability. Similarly, although insurance provides major benefits post-disaster, many households remain uninsured because they cannot afford the premiums. The research also found that receiving information about previous flooding (i.e., through flood disclosure laws) on a property did not necessarily affect household’s choices about where to live, suggesting that some families, particularly those with low incomes, have no choice other than to rent or buy what is affordable despite the risk.
HUD’s Green and Resilient Retrofit Program (GRRP) is accepting applications. The GRRP program aims to assist multifamily properties participating in HUD project-based rental assistance programs become more resilient and energy efficient. The GRRP is HUD’s first program to invest in climate resilience and energy efficiency in HUD-assisted multifamily housing. Following the Justice40 Initiative, GRRP funding will be used in affordable housing communities serving low-income families. The GRRP has three pots of money: Elements, Leading Edge, and Comprehensive. Elements provides grants to projects with climate resilience and utility efficiency measures that are already in the process of being recapitalized. Leading Edge funds owners with plans for retrofit activities to achieve zero energy retrofits and an advanced green certification. Finally, Comprehensive funds properties with the highest need for climate resilience and utility efficiency upgrades, regardless of prior development or environmental retrofit experience.a