Legal Aid of Southeastern PA

Providing pro bono assistance after a disaster: 5 ways an attorney can help

By Sara Planthaber, Esq., M.S.W.

Staff Attorney, Legal Aid of Southeastern PA

Editor’s note: In the aftermath of Hurricane Ida, Legal Aid of Southeastern Pennsylvania (LASP) worked with the Federal Emergency Management Agency (FEMA), Legal Services Corporation (LSC), the Pennsylvania Emergency Management Agency (PEMA), the American Bar Association Young Lawyers Division, MidPenn Legal Services, North Penn Legal Services, and Philadelphia Legal Assistance. LASP operated the statewide disaster legal aid helpline for low-income survivors and worked with clients in Montgomery, Bucks, Chester, and Delaware counties. Thanks in part to a grant from LSC, LASP continues to help survivors address long-term legal challenges from the storm. Sara Planthaber staffed the Helpline and helped many clients start the legal recovery process. On March 17, 2022, the Montgomery Bar Association hosted a CLE, “What Lawyers Can Do in a Disaster” presented by Sara Planthaber of LASP; Shrushti Kothari, Disaster Grants Program Counsel II at LSC and ABA YLD Disaster Legal Services Team Lead for Hurricane Ida in PA; and moderator Kathryn M. Palladino, LASP Staff Attorney and Montgomery County Pro Bono Coordinator. This essay is adapted from part of that presentation.

After Hurricane Ida, Legal Aid opened 102 Ida-related cases and helped many others by answering questions or referring them to other organizations. Unfortunately, LASP does not have the resources to assist everyone, but pro bono attorneys can bridge that gap. As of March 2022, LASP’s caseload included 37 cases in Montgomery County related to various legal issues, such as: landlord-tenant, FEMA appeals, public housing, and consumer issues (e.g., insurance or contractor disputes). According to the Pennsylvania Department of Environmental Protection, Montgomery County has a high risk of heavy flooding, heat waves, and tropical storms, making disasters like Hurricane Ida more likely in the future.

It is important for attorneys to be prepared to step in and provide assistance in the immediate aftermath of a disaster, as well as to aid in longterm recovery. Beyond lending their substantive knowledge, attorneys can help by meeting with clients and identifying immediate and long-term legal needs. No matter your specialty, attorneys have tremendous value in the aftermath of a disaster. The more engagement provided by the legal community, the easier it will be to lessen the burden for low-income individuals and families.

Below are five areas of law where LASP needed the most assistance from pro bono attorneys after Hurricane Ida.

Property and real estate issues

LASP’s Helpline received several client calls from Montgomery County residents regarding municipal buyouts in areas experiencing repeated flooding. The county offered to purchase the homes at market value. A pro bono attorney could assist the homeowner by reviewing the offer, speaking to the client about their situation, and advising them on whether they should accept the offer. Whatever they decide, having an opportunity to speak with an attorney can provide peace of mind that they made the best decision for themselves and their family.

Insurance

Insurance is a gateway issue in many FEMA cases. To move forward with the FEMA process, clients have to first seek assistance from their insurance company, which can take months and may not ultimately lead to any assistance. An attorney can review the circumstances of a client’s claim and advise whether an insurance appeal is appropriate.

In addition, insurance policies are complicated. It can be difficult to understand what claim to file and when to file it. Many LASP clients lack the technological resources to make a video call or send photos to their insurance company to support their claim. An attorney can help facilitate conversations with an insurance company and assist in creating and transmitting electronic records.

Basic landlord-tenant issues

After Hurricane Ida, homes were flooded out and landlords were demanding rent. LASP staff met with tenants at the Disaster Recovery Centers (DRCs) and Multi-Agency Resource Centers (MARCs). The most common question was, “Do I have to pay rent if I can’t live in my house?” Providing immediate, brief advice can save a client from paying unnecessary rent or being evicted if rent withholding is not appropriate. Attorneys can also advise on how to communicate with landlords and document steps taken to resolve the situation. These records can provide vital evidence in a potential eviction case. Having pro bono attorneys available to provide advice or attend a hearing could be the only thing standing in the way of a family becoming homeless.

Another issue with landlord-tenant cases are repairs. A lot of clients said, “My landlord said he’s going to repair my flooring because there’s mold,” and the “remediation” method is substandard at best. An attorney can ensure that the landlord is fulfilling their statutory obligations and the client can return to a home that is safe and habitable.

Identity documents

Many people store their birth certificates and Social Security cards in their basements. They are often inadequately protected and are destroyed in substantial flooding. These documents are necessary for accessing public benefits like housing, but also for children’s school and activities. Losing these documents can put a person’s life on hold and obstruct recovery.

On a birth certificate application, the address on an applicant’s state identification has to match their current mailing address. If the survivor is living elsewhere, they cannot apply for the birth certificate on their own. As an attorney, you can apply for a birth certificate on a client’s behalf, providing an easy, yet impactful, way to assist in a survivor’s recovery.

FEMA appeals

Finally, assisting clients in writing FEMA appeals can ensure sustainable long-term recovery. LASP assisted a client whose basement wall collapsed due to the pressure of the flooding. She is disabled and on a fixed income. She could neither complete the repairs herself nor afford the repairs. LASP appealed an initial denial, and as a result, the client obtained $25,000 to

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cover the cost of the repair. After receiving an award, attorneys can provide strategies for documenting how the award was used to protect against a possible FEMA recoupment. Suggested resources for FEMA appeals are provided below.

Preparedness can ensure rapid deployment of legal services, and pro bono volunteers provide the foundation for such efforts, in the aftermath of Hurricane Ida and for the next disaster. Sara Planthaber can be reached at splanthaber@lasp.org. To learn more about pro bono opportunities related to Hurricane Ida or other civil legal aid matters, please contact Kathryn Palladino at kpalladino@lasp.org or register to volunteer at lasp.org/volunteersignup.

Resources Legal Aid Disaster Resource Center: www.ladrc.org/ Detailed guide for advocates writing FEMA appeals: https://www.ladrc. org/wp-content/uploads/2020/11/FEMA-Guidance-A_Final-dated.pdf Quick guide (checklist) for writing FEMA appeals: https://www.ladrc. org/wp-content/uploads/2020/11/FEMA-N-A-Guidance_Final-dated. pdf