HUD and OHA worlds apart following Hurricane Ike [The Orange Leader, Texas]

Dec. 29--ORANGE -- It appears there was a stormy relationship between the Orange Housing Authority and the U.S. Department of Housing and Urban Development following Hurricane Ike, according to legal documents provided by former OHA employee, the Rev. Anthony Jackson.

HUD denied waivers for housing inspections as the OHA was trying to recover from storm damage.

"The immediate problem is that HUD has designated the OHA a troubled housing authority, effective January 2011, because the OHA did not submit a MASS (Management Operations Certificate) report for the fiscal year October 1, 2008 through September 30, 200," wrote attorney Timothy Daniels who was hired by the OHA.

Daniels attached a chronology of events as follows:

--Sept. 13, 2008- Hurricane Ike struck Orange

--Nov. 24, 2008- OHA letters requested waivers for MASS report

--November 2008- OHA received insurance proceeds

--<chron>Dec. 24, 2008- HUD grant a six-month extension of inspection

--Dec. 31, 2008- OHA withdrew its waiver requests

--Jan. 9, 2009- HUD approved OHA's unaudited financial submission extension request

--Feb. 2, 2009- OHA email requested six to 12 month extension for inspection

--September 2009- HUD inspected units, units failed

--Feb. 9, 2010- OHA made second request for six waiver- disaster based

--Feb. 10, 2010- OHA determined documents needed for MASS not available

--June 29, 2010-HUD granted waiver based on disaster, denied project based waiver (not sought)

--July 13, 2010- Houston HUD email- MASS waiver requested is rejected

--Aug. 6, 2010- HUD letter: Project based accounting waiver denied (OHA did not request)

--Aug. 9, 2010- HUD acknowledged June 29, 2010 letter and HUD to sue prior year MASS report

--Jan. 10, 2011- HUD letter- OHA failed to submit MASS report- OHA is troubled

--Jan. 13, 2011- Waiver for Hurricane Ike was granted

--Jan. 21, 2011- OHA is a troubled agency

--May 4, 2011- HUD letter: HUD's August 9, 2010 letter was in error

On Nov. 20, 2008, the housing authority waived unit inspections for Beaumont Housing Authority. Unlike the OHA, Beaumont HA was not flooded.

Daniels wrote though the Management Operations Certificate is important, waiving the report "would recognize the fact OHA employees had no choice but to focus their time and resources on mitigating further damage to the OHA residential units and offices during the unparalleled displacement of families and individuals (during Ike)."

He continued by stating OHA employees spent their time following the hurricane:

1. Evacuations, lack of electricity and mold-- Most residents were evacuated, electricity was not available for 30 to 60 days and many units had to be remediated of mold.

2. Vacancies- The units were largely uninhabitable from Sept. 13, 2008 until April 1, 2009.

3. Work orders-- The OHA did not prepare work orders from Sept. 13, 2008 through Sept. 2009 because most employees were evacuated, the laborers OHA hired during the salvage phase were not trained to prepare or maintain work order records, the OHA had no office in which to prepare, follow-up or maintain work orders.

4. Reliance on HUD's representations-- "Since it is now clear that HUD misunderstood the basis for the OHA's waiver requests, presumably HUD used improper reason to ask the OHA to withdraw the waivers which the OHA was otherwise entitled to seek and obtain."

5. Suspension pending waiver request -- The practice of HUD is all pending deadlines are immediately suspended until HUD responds to the request.

6. OHA waiver request not rejected-- HUD has not rejected the OHA's request for a waiver based on disaster.

7. HUD erred-- HUD misled OHA into withdrawing its December 2008 request for waivers.

8. OHA acted diligently-- OHA has been diligent in efforts to recover from Ike and request waivers and extensions.

9. MASS report would serve no purpose-- The OHA will not submit a false report for Oct. 1, 2008 through Sept. 30, 2009 covering security, rent collection, capital funds report, unit turn-around time and work orders.

10.HUD waivers for Hurricane Rita involved less damage-- Ike was worse for OHA than Rita, yet HUD did not physically inspect the property damage from Rita as the requirements from Ike.

Other letters are from then-executive director, Frank Anderson, to various HUD personnel requesting waivers since Orange was under a Presidential Disaster Declaration.

___

(c)2011 The Orange Leader (Orange, Texas)

Visit The Orange Leader (Orange, Texas) at www.orangeleader.com

Distributed by MCT Information Services