Common Housing Issues After a Disaster
Lease terminations and evictions.
Landlord’s refusal to make repairs
Security deposit disputes.
Rent subsidy programs.
Insurance claims and disputes.
Home foreclosures.
Utility shutoffs.
Proving home ownership or rental unit occupancy.
Home repair contractor scams (such as not completing their work).
Price gouging by businesses (extreme price hikes for repairs and supplies).
Renters
You may need to end your lease early and live somewhere else if there is damage to your home or a change in your job status. You may have a landlord who wants to force you to move out, even though you don’t want to leave.
Check out our “Know Your Rights” handout on Landlord/Tenant Issues, Tips for Renting After A Disaster and Post-Disaster Checklist for Renters.
Rent Subsidy Programs
A disaster may affect your job and income. If you live in public housing or use the federal government’s Section 8 housing choice voucher program, you may be able to get some additional help with your rent payments. The program also might make it easier for you to renew your rental assistance or use your voucher to find a new place to live.
Housing Voucher Extensions
- If the U.S. president declares a major disaster or emergency for your area, keeping your subsidy may become easier.
- HUD may let public housing agencies give families one or more extensions of their voucher term.
Rent Reduction
- People who live in public housing or receive Section 8 assistance can usually have the rent reduced when they have a loss in income.
- To get this reduction, you must notify the public housing agency in your area.
If weren’t living in public housing or using the voucher program at the time of the disaster, but you think you may need these services after a disaster:
- Contact your local public housing agency or your state or territory’s HUD office.
Eligibility for these programs is usually based on income, household size, and other factors, such as whether you’re a veteran or have a disability.
HOMEOWNERS
Insurance claims and disputes
What if the insurance company says it doesn’t have to help pay for certain repairs? What if the insurance company will help pay, but you don’t think it’s giving you enough money for the repairs?
Check out our “Know Your Rights” handout on Insurance Steps After A Disaster and Insurance Issues After A Disaster.
For any issues that require more than just speaking to your insurance company contact your state or territory’s insurance ombudsman (appointed by the governor to investigate insurance complaints) or insurance regulators. In New Mexico, you may contact:
- Office of Superintendent of Insurance: 855-427-5674 or online at File A Complaint - NM OSI.
Be cautious about accepting arbitration or mediation to resolve the dispute without having to file a lawsuit in Court. Arbitration and mediation can be costly.
If you are thinking about pursuing a lawsuit you will likely need an attorney as lawsuits can be challenging and complicated.
Home foreclosures
If you’ve lost your job because of the disaster and can’t make a loan payment, you may have options that enable you to keep your home.
Contact your lender or loan servicer
- This is the company you borrowed money from to buy your home. Many lenders will offer a grace period as you recover from a disaster. During this grace period, you may not have to make your monthly payment.
What if the lender won’t work with you?
- Force the issue.
- The U.S. Department of Housing and Urban Development (HUD) suggests a few options to help change the lender’s mind.
- Talk to a HUD-approved housing counselor. They can guide and assist you.
- HUD’s tips for ways to keep your home.
Utility Shut-Offs
Low Income Home Energy Assistance Program
- Find out if the Low Income Home Energy Assistance Program (LIHEAP) can help you pay your cooling and heating bills. This federal program can help with bills for electricity, natural gas, propane, fuel oil, or wood.
Contact your utility company
- Ask if the company has any policies or programs that protect customers from utility shut-offs during emergencies.
Check your state, territory, or local government’s website
- Look for information on energy assistance programs, consumer protection, or emergency preparedness.
- In some areas, the law lets you sue for damages if your utilities are shut off improperly.
Contact your state or territory’s consumer protection office. To find an office in your state go to State consumer protection offices | USAGov.
Proving Home Ownership or Rental Unit Occupancy
- After a disaster, Federal Emergency Management Agency (FEMA) programs are among the primary sources of aid for disaster survivors.
- To receive most of this assistance, you must prove you own or rent your home and have been living there.
For a list of necessary documents, check out our FEMA Occupancy Homeowner Verification Documents List.
Additional Resources
- American Red Cross Shelter Locator
- If an emergency has forced you to evacuate your home, the Red Cross may be able to help. All Red Cross shelters are free, open to everyone, accessible to people with disabilities, and accepting of service animals.
- New Mexico Court Resources (searchable)
- Landlord-Tenant Resource Guide
- Policy and Procedure for Landlord Tenant Forms
New Mexico Renters’ Guide (published by New Mexico Legal Aid)
