Major Win for Poor and Homeless Katrina Victims

Press Type: Press Release   Associated Program: Hurricane Katrina

Released: 12/2005

In a major victory for poor and homeless Katrina victims, federal district court Judge Duval of the eastern district of Louisiana granted a request for an emergency order extending the federal obligation to house evacuees who have not yet obtained housing in hotels. The case, McWaters v. FEMA, was brought by 25 evacuees on behalf of a larger class, and includes as counsel the Lawyers Committee for Civil Rights and the National Law Center on Homelessness & Poverty. The New York law firm Schulte Roth and Zabel is providing pro bono help.

The court granted plaintiffs' request for a temporary restraining order, requiring FEMA to extend the hotel program until as late as Feb. 7, 2006, for Katrina victims who have not yet been given the temporary housing assistance to which they are entitled by federal law. The court also ordered FEMA to stop requiring applicants for housing assistance to first apply for a loan from the Small Business Administration. The strongly worded opinion states that FEMA is required to provide housing assistance and that its failure to do so primarily affects low income people, in violation of the prohibition on discrimination based on economic status under the Stafford Act, the federal statue governing federal disaster relief. The court declined, however, to grant plaintiffs request for a ruling

"This is a major victory for poor and homeless hurricane victims," said Maria Foscarinis, Executive Director of NLCHP. "The court's ruling that FEMA's failure to address the needs of poor and homeless victims--and that this failure constitutes economic discrimination in violation of law--is a serious rebuke to the federal response to Katrina to date," she added.

Tens of thousands of people remain in hotels, as of this date, occupying some 42,000 hotel rooms.

The court declined some of plaintiffs' requests, including a request to require FEMA to conduct a public outreach effort to potential applicants that the "shared household rule" may not preclude them from receiving aid. The court also declined to establish a timetable by which FEMA would be required to determine applications for housing assistance. However, the court specifically stated that it will consider additional relief on these issues--including requests for further extensions--if needed.

For more information, please contact: