FEMA finds that the Applicant has demonstrated it is legally responsible for disaster-related repairs to the Facility. Appeal Letter SENT VIA EMAIL Manuel Laboy Ramon H. Negron Cruz Governor’s Authorized Representative Principal Government of Puerto Rico Asociacion Frailes Capuchinos, Inc. P.O. Box 42001 P.O. Box 21350 San Juan, Puerto Rico 00940-2001 San Juan, Puerto Rico 00928-1350 Re: Second Appeal – Asociacion Frailes Capuchinos, Inc., PA ID: 127-U7ZNW-00, FEMA-4339-DR-PR, Grants Manager Project 142188 – Legal Responsibility Dear Manuel Laboy and Ramon H. Negron Cruz: This is in response to the Central Office for Recovery, Reconstruction, and Resiliency’s letter dated July 21, 2023, which transmitted the referenced second appeal on behalf of the Asociacion Frailes Capuchinos, Inc. (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s denial of $88,000.00 in Public Assistance for repairs to the San Conrado Chapel (Facility). As explained in the enclosed analysis, I have determined that the Applicant has demonstrated it is legally responsible for disaster-related repairs to the Facility. Therefore, this appeal is granted. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals. Sincerely, /S/ Robert Pesapane Division Director Public Assistance Division Enclosure cc: David Warrington Regional Administrator FEMA Region 2 Appeal Analysis Background Hurricane Maria caused damage throughout Puerto Rico from September 17 to November 15, 2017. The Asociacion Frailes Capuchinos, Inc. (Applicant), a Private Nonprofit organization, requested Public Assistance (PA) for repairs to the San Conrado Chapel (Facility). FEMA prepared Grants Manager Project 142188 to document the project, noting damage to the Facility’s roof, exterior wood overhangs, exterior paint, and windows. On December 14, 2021, FEMA issued a Determination Memorandum finding that the Applicant did not demonstrate that it had legal responsibility for the Facility. FEMA explained that the Applicant did not submit documentation, such as a deed, lease agreement, or insurance policy, to establish legal responsibility for the repairs of the Facility. Therefore, FEMA found the Applicant’s request for PA ineligible. First Appeal The Applicant submitted a first appeal in the form of a notarized letter signed February 12, 2022. The Applicant affirmed that, although the Facility did not have a title, the Applicant had been legally responsible for the property since it was constructed in the 1950s. The Applicant explained that a family gave the Facility to the Applicant at that time, and the Applicant had continuously been responsible for the Facility ever since. The Applicant provided maintenance and insurance information, as well as its 2017 Official Catholic Directory listing the Facility as part of one of the Applicant’s parishes. The Applicant stated that it made unsuccessful efforts to obtain other ownership-related documentation from the government, including requests with the Property Registry of Puerto Rico and ecclesiastical institutions. On April 13, 2022, the Puerto Rico Central Office of Recovery, Reconstruction, and Resiliency (Recipient) transmitted the appeal to FEMA, expressing its support. The Recipient added that the Applicant established it was legally responsible for the Facility because it declared as much under oath before a public notary. The Recipient stated that lying in that circumstance would be perjury under Puerto Rico law. On March 31, 2023, the FEMA Region 2 Regional Administrator denied the appeal, finding that the Applicant did not establish that it owned or had legal responsibility to repair the Facility at the time of the disaster. FEMA explained that the Applicant did not provide supporting documentation such as a deed, lease, or other written agreement establishing legal responsibility. Thus, FEMA could not provide PA funding for the work to restore the Facility. Second Appeal On May 25, 2023, the Applicant submitted a second appeal. The Applicant states that it has occupied the Facility since its construction in 1952 and explains that the Facility is not registered with the Property Registry of Puerto Rico. The Applicant states that Article 788 of the Civil Code of Puerto Rico, usucapion, allows for the ownership of property to be acquired through the possession of real estate for 10 years with a title and 20 years without the need for a title. Accordingly, the Applicant states it is in the process of formalizing registration of the Facility’s title with the Property Registry and provides documentation to that effect. On July 21, 2023, the Recipient transmitted the appeal to FEMA, expressing its support. Discussion FEMA may provide funding for the repair, restoration, reconstruction, or replacement of eligible private nonprofit facilities damaged or destroyed by a disaster.[1] To be eligible for funding, work must be the legal responsibility of the applicant requesting assistance.[2] To determine legal responsibility for facility restoration, FEMA evaluates whether the Applicant claiming the costs had legal responsibility for disaster-related restoration of the facility at the time of the incident based on ownership and the terms of any written agreements.[3] FEMA policy includes the following categories for evaluating legal responsibility of an applicant to complete facility restoration: (1) facility ownership (e.g., deeds, title documents, or tax records); (2) facilities under construction; (3) leased facilities; and (4) federal facilities.[4] The Applicant provided new information on second appeal, including sworn statements and documentation demonstrating that it is in the process of formally registering the title of the Facility with the Property Registry of Puerto Rico as it has been in possession of the Facility for the amount of time necessary to acquire real property under Article 788 of the Civil Code of Puerto Rico. The Applicant certifies that it is and has been legally responsible for all repairs to the Facility during its possession of the Facility, has occupied the Facility for 70 years since its construction, and the Facility has no known prior legal owners registered with the government and no other legal owners since the Applicant took possession of the Facility.[5] Based on the available information, while there is no formal record of Applicant-ownership of the Facility, there is no documentation to suggest that another entity owns or is responsible for it. As this appeal does not fall within one of the clearly delineated categories outlined above (e.g., no deed, title document, or tax record that demonstrates formal ownership of the Facility registered with the government at the time of the incident, and no lease agreement between the Applicant and another entity), FEMA evaluated the issue of legal responsibility based on a totality of the circumstances. Based on all the documentation in the record collectively, FEMA finds the Applicant demonstrated it had legal responsibility for disaster-related repairs at the time of the incident.[6] Conclusion