The lawsuit filed by NLCHP; Steptoe & Johnson LLP; Weil, Gotshal & Manges LLP; and a coalition of public interest organizations and private law firms, alleges that FEMA unlawfully terminated assistance to the plaintiffs without proper notice, without an opportunity to appeal the decision, and without a fair hearing.

"The court's order will protect tens of thousands of people from becoming homeless," explained Maria Foscarinis, NLCHP Executive Director. "People who are still suffering from the devastation of Katrina know first hand the chaos that has characterized FEMA's response.  Now a federal court has ruled that FEMA's response is not only unacceptable, but also unconstitutional.  This is truly a major victory."

The suit, Ridgely v. FEMA, challenges FEMA's process of terminating assistance violates hurricane victims' right to due process under the Fifth Amendment to the U.S. Constitution. The suit also challenges FEMA's actions in cutting off assistance to individuals that it claims were overpaid without explaining why it believes the person was overpaid, without informing them that they can request a hardship waiver, and without providing an opportunity to contest the overpayment determination.

"FEMA is supposed to provide assistance to people in times of great need," Catherine Bendor, NLCHP Deputy Legal Director said. "The agency is cutting off vital housing assistance to recipients who have not had a chance to be heard and who often don't even know why their assistance is being terminated."

The plaintiffs also contend that FEMA failed to publish standards setting forth the eligibility requirements, that it operated an unresponsive system of administrative review, and that it issued termination notices that were confusing and contained little more than undecipherable acronyms.

The lawsuit seeks a permanent injunction requiring FEMA to comply with the requirements of the Constitution by providing individuals displaced by Hurricane Katrina, and victims of future disasters, with clear notification of the reasons why it is denying continued housing assistance or seeking repayment of assistance, as well as an opportunity for disaster victims to appeal a decision and receive a fair hearing.

"Since the Gulf Coast hurricanes, FEMA's system of administering aid has proven time and again to be flawed," Bendor explained. "The haphazard method in which FEMA has administered assistance is unacceptable."

Click here for more information about Ridgely v. FEMA.

Click here for an article about the decision from the New Orleans Times-Picayune.

Click here for a U.S.A. Today story about the Hurricane Katrina Victims.