Tips: Managing the Appeals Process
Homeowner appeals during the recovery process are inevitable and time-consuming, they should be a last resort for applicants. IBTS has processed close to 2,500 homes for programs receiving funding from the the HUD’s Community Development Block Grant Disaster Recovery (CDBG-DR) program, and been able to mitigate nearly all homeowner appeals — saving the locality and the applicant valuable time and money.
Below, IBTS Economic Development and Disaster Recovery (EDDR) Coordinator Erica Bueno and IBTS EDDR Team Leader Ian Diem provide their advice for how localities can establish processes and procedures to manage the applicant scope of work and construction materials appeals process.
Be prepared for homeowners to have unrealistic expectations about the funding they receive.
- Make sure the basic parameters and goals of the CDBG-DR program are clearly explained to homeowner applicants on day one.
- Homeowners should know that the goal of the program is to give them a decent, safe and sanitary place to live — their preferred design and materials choices may not be allowed or covered under the program.
- Use town hall meetings, public forums, public services announcements and local and social media to explain the scope of work, the funding applicants will receive and the process moving forward.
- Be prepared for applicants who know the rules of the program, but will fight them anyways.
Try to handle appeals in-house before an applicant contacts the state or program administrator.
- Appeals are a last resort for homeowner applicants. If they submit an appeal, it will delay construction on their home, sometimes by several months.
- Whenever possible, the case or project manager should resolve the homeowner’s complaint before it goes to appeal. This benefits the applicant and the subrecipient by avoiding appeal-related delays in closeout.
- Provide homeowners with a specific reason regarding their complaint and the program, even if it’s copy and pasted from a rulebook.
Be prepared with enough staff to process thousands of homeowner applications.
- Identify at least a skeleton staff, including positions such as lawyers, procurement specialists, auditors, administrative support staff and project management staff, among others.
Ensure applicants read and understand everything they’re signing. Encourage them to sign all paperwork at the pre-construction meeting.
- Case managers should provide a clear explanation of the construction process to prevent applicants from signing on to things they don’t understand or don’t agree with.
Make sure applicants know they have the option to submit change orders after construction begins.
- The scope of work is not set in stone, applicants can still submit change orders to make construction material changes once construction contractors are in the field. “It makes people more comfortable about not putting in an appeal,” Diem says.
- Change orders are much more likely to succeed, faster and a less-exhaustive process for all involved.
Implement an appeal form.
- Bueno suggests that localities adopt a standard appeal form. “These work great because they allow homeowners to put complaints in their own words,” she says.
- The form must meet the specific needs and requirements of the disaster assistance program.
- Set clearly-defined parameters for the forms, including how they will be processed and time limits for submitting appeal forms.
Build rapport with applicants.
- Make sure homeowners know their case manager and the entire project management team have their best interests at heart. Explain to the homeowner that case managers are legally required to give them everything they are eligible for under the CDBG-DR program.