[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.111]

[Page 447-449]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988--Table of Contents
 
       Subpart D--Federal Assistance to Individuals and Households
 
Sec. 206.111  Definitions.

    Adequate, alternate housing means housing that accommodates the 
needs of the occupants; is within the normal commuting patterns of the 
area or is within reasonable commuting distance of work, school, or 
agricultural activities that provide over 50 percent of the household 
income; and is within the financial ability of the occupant.
    Alternative housing resources means any housing that is available or 
can quickly be made available in lieu of permanent housing construction 
and is cost-effective when compared to permanent construction costs. 
Some examples are rental resources, mobile homes and travel trailers.
    Applicant means an individual or household who has applied for 
assistance under this subpart.
    Assistance from other means includes monetary or in-kind 
contributions from voluntary or charitable organizations, insurance, 
other governmental programs, or from any sources other than those of the 
applicant.
    Dependent means someone who is normally claimed as such on the 
Federal tax return of another, according to the Internal Revenue Code. 
It may also mean the minor children of a couple not living together, 
where the children live in the affected residence with the parent or 
guardian who does not actually claim them on the tax return.
    Displaced applicant means one whose primary residence is 
uninhabitable, inaccessible, made unavailable by the landlord (to meet 
their disaster housing need) or not functional as a direct result of the 
disaster and has no other housing available in the area, i.e., a 
secondary home or vacation home.
    Effective date of assistance means the date that the applicant was 
determined eligible for assistance.

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    Eligible hazard mitigation measures are home improvements that an 
applicant can accomplish in order to reduce or prevent future disaster 
damages to essential components of the home.
    Fair market rent means housing market-wide estimates of rents that 
provide opportunities to rent standard quality housing throughout the 
geographic area in which rental housing units are in competition. The 
fair market rent rates applied are those identified by the Department of 
Housing and Urban Development as being adequate for existing rental 
housing in a particular area.
    Financial ability means the applicant's capability to pay housing 
costs. If the household income has not changed subsequent to or as a 
result of the disaster then the determination is based upon the amount 
paid for housing before the disaster. If the household income is reduced 
as a result of the disaster then the applicant will be deemed capable of 
paying 30 percent of gross post disaster income for housing. When 
computing financial ability, extreme or unusual financial circumstances 
may be considered by the Regional Director.
    Financial assistance means cash that may be provided to eligible 
individuals and households, usually in the form of a check or electronic 
funds transfer.
    Functional means an item or home capable of being used for its 
intended purpose.
    Household means all persons (adults and children) who lived in the 
pre-disaster residence who request assistance under this subpart, as 
well as any persons, such as infants, spouse, or part-time residents who 
were not present at the time of the disaster, but who are expected to 
return during the assistance period.
    Housing costs means rent and mortgage payments, including principal, 
interest, real estate taxes, real property insurance, and utility costs.
    Inaccessible means as a result of the incident, the applicant cannot 
reasonably be expected to gain entry to his or her pre-disaster 
residence due to the disruption, or destruction, of access routes or 
other impediments to access, or restrictions placed on movement by a 
responsible official due to continued health, safety or security 
problems.
    In-kind contributions mean something other than monetary assistance, 
such as goods, commodities or services.
    Lodging expenses means expenses for reasonable short-term 
accommodations that individuals or households incur in the immediate 
aftermath of a disaster. Lodging expenses may include but are not 
limited to the cost of brief hotel stays.
    Manufactured housing sites means those sites used for the placement 
of government or privately owned mobile homes, travel trailers, and 
other manufactured housing units, including:
    (1) Commercial site, a site customarily leased for a fee, which is 
fully equipped to accommodate a housing unit;
    (2) Private site, a site that the applicant provides or obtains at 
no cost to the Federal Government, complete with utilities; and
    (3) Group site, a site provided by the State or local government 
that accommodates two or more units and is complete with utilities.
    Necessary expense means the cost associated with acquiring an item 
or items, obtaining a service, or paying for any other activity that 
meets a serious need.
    Occupant means a resident of a housing unit.
    Owner-occupied means that the residence is occupied by:
    (1) The legal owner;
    (2) A person who does not hold formal title to the residence and 
pays no rent, but is responsible for the payment of taxes or maintenance 
of the residence; or
    (3) A person who has lifetime occupancy rights with formal title 
vested in another.
    Permanent housing plan means a realistic plan that, within a 
reasonable timeframe, puts the disaster victim back into permanent 
housing that is similar to the victim's pre-disaster housing situation. 
A reasonable timeframe includes sufficient time for securing funds, 
locating a permanent dwelling, and moving into the dwelling.
    Primary residence means the dwelling where the applicant normally 
lives,

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during the major portion of the calendar year; or the dwelling that is 
required because of proximity to employment, including agricultural 
activities, that provide 50 percent of the household's income.
    Reasonable commuting distance means a distance that does not place 
undue hardship on an applicant. It also takes into consideration the 
traveling time involved due to road conditions, e.g., mountainous 
regions or bridges out and the normal commuting patterns of the area.
    Safe means secure from disaster-related hazards or threats to 
occupants.
    Sanitary means free of disaster-related health hazards.
    Serious need means the requirement for an item, or service, that is 
essential to an applicant's ability to prevent, mitigate, or overcome a 
disaster-related hardship, injury or adverse condition.
    Significantly delayed means the process has taken more than 30 days.
    Uninhabitable means the dwelling is not safe, sanitary or fit to 
occupy.
    We, our, and us mean FEMA.

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002]