§ 206.113 Eligibility factors. ( a ) *Conditions of eligibility.* In general, FEMA may provide assistance to individuals and households who qualify for such assistance under the Stafford Act, 42 U.S.C. 5174, and this subpart. FEMA may only provide assistance: ( 1 ) When the individual or household has incurred a disaster-related necessary expense and serious need in the State in which the disaster has been declared, without regard to their residency in that State;
( 2 ) In a situation where the applicant has insurance, when the individual or household files a claim with their insurance provider for all potentially applicable types of insurance coverage and the claim is denied;
( 3 ) In a situation where the applicant has insurance, when the insured individual or household's insurance proceeds have been significantly delayed through no fault of his, her or their own, and the applicant has agreed to repay the assistance to FEMA or the State from insurance proceeds that he, she or they receive later;
( 4 ) In a situation where the applicant has insurance, but the applicant cannot use their insurance because housing is not available on the private market;
( 5 ) In a situation where the applicant has insurance, when the insured individual or household has accepted all assistance from other sources for which he, she, or they are eligible, including insurance, and that assistance and insurance is insufficient to cover the necessary expense and serious need;
( 6 ) When the applicant agrees to refund to FEMA or the State any portion of the assistance that the applicant receives or is eligible to receive as assistance from another source;
( 7 ) With respect to housing assistance, if the primary residence has been destroyed, is uninhabitable, or is inaccessible;
( 8 ) With respect to housing assistance, if a renter's primary residence is no longer available as a result of the disaster; and
( 9 ) With respect to home repair for accessibility-related items, if an applicant meets the following conditions: ( i ) The applicant is either an individual with a disability as defined in 42 U.S.C. 5122 whose disability existed prior to the disaster and whose primary residence was damaged by the disaster, or an individual with a disability as defined in 42 U.S.C. 5122 whose disability was caused by the disaster and whose primary residence was damaged by the disaster;
( ii ) The real property component is necessary to meet the accessibility-related need of the household; and
( iii ) The real property component is not covered by insurance or any other source.
( b ) *Conditions of ineligibility.* We may not provide assistance under this subpart: ( 1 ) For housing or displacement assistance, to individuals or households who are displaced from other than their pre-disaster primary residence;
( 2 ) For temporary housing or displacement assistance, to individuals or households who have adequate rent-free housing accommodations;
( 3 ) For temporary housing or displacement assistance, to individuals or households who own a secondary or vacation residence within reasonable commuting distance to the disaster area, or who own available rental property that meets their temporary housing needs;
( 4 ) For temporary housing or displacement assistance to individuals or households who evacuated the residence in response to official warnings solely as a precautionary measure and are able to return to and safely occupy the residence immediately after the incident;
( 5 ) For housing assistance, for improvements or additions to the pre-disaster condition of property, except for the following: ( i ) Improvements or additions required to make repairs that comply with local and State ordinances;
( ii ) Eligible hazard mitigation measures; or
( iii ) Accessibility-related items for individuals with disabilities, consistent with paragraph (a)(9) of this section;
( 6 ) To individuals or households who have adequate insurance coverage and where there is no indication that insurance proceeds will be significantly delayed, or who have refused assistance from insurance providers;
( 7 ) To individuals or households whose damaged primary residence is located in a designated special flood hazard area, and in a community that is not participating in the National Flood Insurance Program, except that financial assistance may be provided to rent alternate housing and for medical, dental, funeral expenses and uninsurable items to such individuals or households. However, if the community in which the damaged property is located qualifies for and enters the NFIP during the six-month period following the declaration then the individual or household may be eligible;
( 8 ) To individuals or households who did not fulfill the condition to purchase and maintain flood insurance as a requirement of receiving previous Federal disaster assistance;
( 9 ) For business losses, including farm businesses; or
( 10 ) For any items not otherwise authorized by §§ 206.117 and 206.119.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4120, Jan. 22, 2024]