To be eligible for funding; work must be the legal responsibility of the applicant requesting assistance. 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. An applicant may lease a facility owned by another party and in that case; FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident.The lease in effect at the time of the incident demonstrates the landlord retained legal responsibility for disaster-related restoration to the Facility.The Applicant has not demonstrated it was legally responsible for disaster-related repairs to the leased Facility at the time of the incident. Therefore; this appeal is denied.

HeadnotesTo be eligible for funding; work must be the legal responsibility of the applicant requesting assistance. 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. An applicant may lease a facility owned by another party and in that case; FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident.The lease in effect at the time of the incident demonstrates the landlord retained legal responsibility for disaster-related restoration to the Facility.ConclusionThe Applicant has not demonstrated it was legally responsible for disaster-related repairs to the leased Facility at the time of the incident. Therefore; this appeal is denied.