"It is unfortunate, if not incredible, that FEMA and its counsel could not devise a sufficient notice system to spare these beleaguered evacuees the added burden of federal litigation to vindicate their constitutional rights," Leon, a D.C. federal judge, wrote in a 19-page opinion.
"Free these evacuees from the 'Kafkaesque' application process they have had to endure," he wrote.
The decision again casts a spotlight on the fate of the poorest members of the diaspora created by the 2005 disasters in New Orleans and along the Louisiana and Mississippi coasts. The hurricanes forced a search for housing that was one of their least visible but most far-reaching consequences.
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According to Leon, FEMA issued "ambiguous and unintelligible" computer-generated denial letters that included "only a cryptic code and a phrase such as 'Ineligible-Other' " to explain why benefits were denied. Recipients were referred to a vague "Applicant Guide," which in turn referred them back to the "specific reason" in the letter.
Several evacuees told the court they received "contradictory and confusing" answers when they called FEMA for explanations. Plaintiffs "are unable to address, let alone intelligently appeal, decisions they cannot understand," Leon wrote. "Guessing by an applicant from among several explanations for ineligibility does not serve the fundamental purposes of due process."