Q:	A client called expressing concern because his unregulated apartment had damage from the storm and he requested landlord to make repairs. the complication is that the landlord just assumed ownership early October when old landlord loss premises in a foreclosure action. New landlord postion is that since hge assumed in foreclosure all leases are null and void and he refuses to make any repairs and wants to cancel all leases and have all tenants vacate this 10 apartment building. What can tenant do ? and is landlord free and clear to refuse to make repairs.
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Q:	Are there any funds - gifts or loans - available to homeowners to pay the costs of storm damage repair for bulkheads on the Long Island Sound?
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Q:	What can automobile owners do to recover losses that are not covered by insurance carriers or those without full coverage - for instance a person who finances or leases a new vehicle, say within 30 days prior to Sandy, and pays several thousand dollars in fees and taxes out of pocket in the purchase or lease of that vehicle? Is there anyway to recover any of those our-of-pocket expenses? Are there any tax write-offs that a person can take advantage of?
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Q:	What can a client do if they do not have a copy of their insurance policy?
A:	Contact the insurance company (you can find contact numbers on most Google searches or through the NYS Insurance Department) and request a “certified copy” of your insurance policy, this is the official policy that the insurance company has on file. You should also request a copy from your agent to ensure you comply with all policy requirements.
Q:	For landlord/tenant isses, especially insurance as loss payee and rent abatement, is this different for businesses as opposed to residences? If so, how?
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Q:	If a tenant is displaced, tenants have the ability not to pay rent and/or to get out of lease. They also seem to be able to get FEMA assistance if they are displaced ($ to pay for hotel or other housing). This seems like a double benefit. If insurance does not cover landlord losses (building, property, lost income due to no rent coming in), what remedies are available to landlord?
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Q:	A homeowner had previously had maximum flood insurance coverage - but due to financial distress (long term unemployment) decreased coverage shortly before the storm (within 30-60 days) to $ 100,000. Is there any leeway in the Federal flood insurance program to allow such homeowner to revoke the change in coverage and pay the increase in premium ?? Does the 30 day waiting period have any affect on the change in the policy ?
A:	Most changes in insurance policies are locked out prior to a storm, so it is unlikely a change like that could be backdated.
Q:	For in-house or government attorneys or others who do not carry malpractice insurance that would cover pro bono activities, but who wish to provide pro bono representation to hurricane victims, are there any relief organizations or state agencies who provide coverage to those practitioners for these pro bono engagements?
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Q:	Mr. Shaw's inference that the insurance companies and/or their adjuster's are somehow unethical is objectionable. An Independent Insurance Adjuster is licensed by the state in New York and obligated to act ethically. I'm glad you brought out the fact that the public adjuster gets a percentage of the recovery.
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Q:	Just wondering if anyone has any experience in the following situation. Like many, one of our clients has lost her home to the storm. It is condemned. There is a reverse mtg on the property. Client will have to relocate, temp or permanently. Is there any way to prevent the calling of the loan where the person is no longer residing at the premises involuntarily?
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Q:	Flood insurance is in place, but the policy seems to limit coverage for below grade areas. There have been different results with different companies, even though the standard policy is a FEMA form. What is the prevailing rules regarding below grade areas.
A:	: Building items covered below grade are speciofally identid as(1) Central air conditioners; (2) Cisterns and the water in them; (3) Drywall for walls and ceilings in a basement and the cost of labor to nail it, unfinished and unfloated and not taped, to the framing; (4) Electrical junction and circuit breaker boxes; (5) Electrical outlets and switches;(6) Elevators, dumbwaiters, and related equipment, except for related equipment installed below the base flood elevation after September 30, 1987; (7) Fuel tanks and the fuel in them; (8) Furnaces and hot water heaters; (9) Heat pumps; (10) Nonflammable insulation in a basement; (11) Pumps and tanks used in solar energy systems; (12) Stairways and staircases attached to the building, not separated from it by elevated walkways; (13) Sump pumps; (14) Water softeners and the chemicals in them,water filters, and faucets installed as an integral part of the plumbing system;(15) Well water tanks and pumps; (16) Required utility connections for any item in this list; and (17) Footings, foundations, posts, pilings, piers, or other foundation walls and anchorage systems required to support a building. b. Clean-up. Personal property below grade is specifically limited by the policy to the following items: a. Air conditioning units, portable or window type; b. Clothes washers and dryers; and c. Food freezers, other than walk-in, and food in any freezer.
Q:	If damage is caused by one large swell (wave), would that be considered "rising water" (flood) or something else?
A:	It is commonly considered flood on standard policies.
Q:	Question For Surace and/or Shaw Heard people complaining on talk radio today about no show adjusters. Is there any harm in getting the work started or even done before an adjuster shows up?
A:	You should do what is necessary to secure and mitigate the loss (dry out or clean up debris that would cause additional damage). Be sure to take plenty of pictures of and document all efforts taken. You should not start to rebuild until you have agreement on the scope of the damages and the insurance company has released the property from requiring further inspections.
Q:	is this form applicable to NJ smallbusinesses too? and what is the name of the form again? ....experiencing streaming problems...
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Q:	Is Flood Insurance required to claim loss? What about those homes that were not in the FEMA flood zone (thus did not have flood coverage) but were in fact flooded from the rising ocean water? Thanks much P.S. Hi Professor McGaugh. I am a 2009 graduate of Touro Law.
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Q:	If it is a National Flood Program despite the insurance company administrating. What is the advantage to retaining a public adjuster?
A:	The public adjuster will be able to assist in the claim preparation and negotiation in regards to the damages incurred. As well their knowledge of the claims process and policy language can prove invaluable. Be sure to check a public adjusters resume, company website and better business bureau listing before engaging their services. You may also want to confirm they have liability, workers compensation and professional liability coverage.
Q:	Question for Steve Suface: For clarification--is every private policy administered by a third party (i.e. Travelers, Allstate, etc.) for the National Flood Insurance program?
A:	Yes, commonly they are acting under the WYO (write your own) program. It is possible they have added coverage’s to the standard policy, you should check with your insurance agent or adjuster to confirm.
Q:	If a person has flood insurance, FEMA says that they cannot receive a grant from FEMA for what insurance would cover. But they also say that you need flood insurance to get a FEMA grant. How does that work?
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Q:	Is Federally administered flood insurance adjusted in the way that you described for private policies?
A:	Assuming it is a NFIP policy it will be adjusted according to the terms outlined in your policy. The process is similar to a standard adjustment but has some additional requirements.
Q:	1- Is it too late to file that form if you have already filed your claim to the insurance company but have not conceded flood damage? 2-Are there other alternatives to the Natl flood program, for example, in the way of pooling companies?
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Q:	When did Governor Cuomo issue an executive Order? It is my understaing that Governor Cuomo issued a press release at the following link http://www.governor.ny.gov/press/10312012Hurricane-Deductibles.
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Q:	As hurricane deductible does not apply, does regular deductible in policy be in effect? Art Shulman
A:	Yes, if you have wind damage the standard deductible would apply as opposed to the possibility of a percentage deductible for a wind storm. Standard flood deductibles would also apply to flood damages.
Q:	Please refer to our President by his title and his name; to simply call him "Obama" is rude.
A:	My apologies, I was caught up in my words, my intent was in no way meant in a derogatory manner.
Q:	What standards are used by ins carriers to determine if a home should be condemed or repaired?
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Q:	Whose policy would pay if homeowner 1's tree falls and damages homeowner 2's property?
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Q:	Have you seen anti-concurrent loss clauses in policies in the Sandy impacted area?
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Q:	If you disagree with the insurance adjusters evaluation of loss what is the next step and best way to protect your clients interests?
A:	You should request a meeting to review the differences with the adjuster who is handling the case, you should be prepared with a list of the differences and why the costs or coverage analysis are different. If you still do not agree with the cost of damage you can request appraisal, appeal your claim to FEMA or file suit.
Q:	Many vehicles flooded as a result of Sandy and most did not have separate flood insurance. Will flooded vehicles that maintain liability insurance only be covered for flood loss? Same questions for vehicles with comprehensive insurance.
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Q:	Most insurance policies have a pollution exclusion. Are you aware whether the NFIP provides coverage where damage is incurred as a result of contamination that was caused, at least in part, by the storm? ie. floodwaters bringing oil onto property.
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Q:	In making claims, do insureds run any risk that their insurance carrier will, in the future, drop them as insureds or substantially increase their insurance premiums?
A:	Yes, that risk is present whenever there is a claim.
Q:	is there a difference between flood due to surge water versus rising water?
A:	There is no difference when dealing with a National Flood Insurance Policy.
Q:	How will National Flood treat a legal two family home if one of the units is a "garden apartment" (half above grade and half below grade)? Can they exclude the personal content in that first unit?
A:	Yes that personal property will likely be excluded. The building damages will be also limited.
Q:	In an area in Long Island, where sewage was discharged into the water by the County sewage plant, would your homeowners policy which excludes flood damage be responsible to you for damage from the sewage? Would there then be a claim against the county and must a notice of claim be filed against the county.
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Q:	If your client has “Other than Collision” (comprehensive) coverage on their personal auto, there is nothing to worry about. The loss would be covered, according to the ISO PP 00 01 01 05 personal auto policy: We will pay for loss to "your covered auto" caused by: 1. Other than "collision" only if the Declarations indicate that Other Than Collision Coverage is provided for that auto. Loss caused by the following is considered other than "collision": 6. Hail, water or flood Also, the policy defines "your covered auto" as: Any vehicle shown in the Declarations. A "newly acquired auto." Any "trailer" you own and shown in the Declarations for Part D coverage. There would be coverage the car for flood damage, but only if the policy contains the physical damage "Other than Collision" coverage, commonly known as "comprehensive," which is an optional coverage.
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Q:	What about compensation for a unit-owner in an uninhabitable co-op or condominium? Can they be compensated for living expenses at other location while they must live away from their home?
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Q:	Will a flood insurance policy provide coverage for damage resulting from mold caused by the flood? Can this damage fall under scope of homeowner's policy, even where flood is excluded?
A:	Homeowners policy will likely exclude any resultant damage from an excluded cause of loss (flood). NFIP covers direct damages, so resulting mold damage likely would be excluded, this is why it is very important to mitigate the loss as soon as possible.
Q:	How is damage caused by sewage backup covered? I am working with someone whose first floor was severely damaged by a combination of the storm surge flood and backup from the local sewer system.
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Q:	What governmental agency is or will be deciding if rebuilding will be allowed in areas seriously damaged by Hurricane Sandy -such as Fire Island? When will those decisions be made?
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Q:	If home is totally destroyed by storm and there was both flooding and wind damage how is it determined which policy covers loss and if loss exceeds the policy limit each policies can you collect policy limit of both policies?
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Q:	Title 42 U.S.C. 5174(e) provides for "other damages" for residents of the State where a disaster is declared, but does not include any primary residence requirement. Nonetheless, FEMA and SBA are rejecting all applications for assistance with Secondary homes. What assistance programs are available for homeowners who where not required to carry flood insurance (not in flood zone, more than 1000 ft from beach), and did not, AND the damaged house was NOT the homeowner's principal residence?
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Q:	What are a Condo owners rights/remedies in a situation where the condo building has been rendered unlivable for a period of time? What if building has been condemned due to damage arising from Superstorm Sandy? Wind damage v. Flooding? Thank you.
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Q:	What protections are there that the remibursed money from FEMA and/or your insurance company is used to repair the home vs. the homeowner keeping the money and walking away from their home leaving it in disrepair...and potentially allowing it to foreclose?
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Q:	If someone doesn't have comprehensive insurance on their car, but the car was being financed and generally speaking they should of had comprehensive insurance, would there be no way for recovery from either the insurance or the dealership. Or would they still be required to pay off the loan even though the car is no longer functional?
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Q:	Okay, I'm confused. Must the claimant have pre-purchased flood insurance?
A:	The NFIP policy had to be in place before the storm.
Q:	Did I understood correctly that an argument CAN be made that "extra damage" caused by wind driven water is covered under homeowner's insurance? If so, can you elaborate on how such argument would be made and whether there is any case law in support? Thanks!
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Q:	I am joing other volunteers who will going to the Rockaways to help clean up storm damaged homes. Should we bring disposable cameras to record the damage before we clean it up and then give the cameras to the homeowners? What if people have already cleaned up some damage?
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Q:	Should volunteers bring disposable cameras to document damage as they help people clean up after the storm? Will this help with FEMA and insurance companies?
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Q:	Is it possible for FEMA to cover someone who lost their property (i.e. a car) that was at a house that was effected, but does not actually live at the location. Also, would there be a problem if the homeowner puts in a claim with FEMA and then a person not affiliated with the home puts in a claim for the car that was parked using the address, but does not actually live on the property. Would FEMA cover both the homeowner's loss and in addition the loss of the car by a third party?
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Q:	Re: lease termination, many leases in NY after 9-11 now contain waivers of section 227 of the Real Property Law. Any suggestions how to get around the waiver issue?
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Q:	We've just heard a rumor that the Governor's office is considering SUSPENDING certain provisions of rent stabilization, by executive order, for certain apartments where rents will be subsidized for people displaced (from other residences) by Sandy. If this is at all warranted by the emergency, it would be important that it be tightly limited in scope, that the language not create unintended loopholes, and that apartments are not removed from rent stabilization through this temporary mechanism. The elected officials in our area who have become aware of this rumor would appreciate any insight anyone here has into whether there's any truth to the rumor and any details.
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Q:	Can someone talk about dispossessed homeowners and their mortgage obligations?
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Q:	Does, or can, an inability to report to work due to a loss of residence qualify an individual for DUA?
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Q:	I understand that Gov. Cuomo recently announced a federally-funded disaster grant funding employment opportunities for persons unemployed as a result of the Storm. How does one obtain information on available positions counseling or otherwise assisting persons impacted by the Storm? (The telephone number listed by the DOL is not answered.)
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Q:	A tenant relocated to a hotel while his residence was without heat and hot water. Is the tenant eligible for reimbursement from FEMA for hotel expenses?
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Q:	Disaster Unemployment Assistance: Out of state resident working part-time in affected County within NY, can they qualify? Do they file in their state of residence or where employment located? What assistance is given (i.e. duration, amount, etc)?
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Q:	The governor extended the DUA application deadline to February 4, 2013 (not December 3, 2012). Right? http://www.governor.ny.gov/press/111012dua
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Q:	What if property is located in a federally declared flood zone, i.e. Seagate in Brooklyn is located in Zone A, but the landlord failed to obtain flood insurance and there is no mention in the lease that the tenant has the right to purchase optional flood insurance. Does the tenant have recourse for damage sustained by them? I am assuming that the lender, knowing the property is in a flood zone, would require flood insurance. Can I demand and obtain a copy of the landlord's insurance policy without starting a cause of action from either the landlord, the lender or any public records?
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Q:	In Long Beach, NY I had both a flood from rising water surge as well as extensive sewage backup when the City's sewage plant failed (due to rising water). I lost all mechanicals in my basement. I cannot distinguishable as to what caused the damage to them-sewage backup or flood. I have both homeowners and flood insurance. The companies are fighting with each other as to which coverage applies. How do I get them to pay up so I can make my necessary repairs and let them litigate the semantics between each other later? I have tenants and am also losing rent as a result of the delay caused by insurance bickering.Thank you.
A:	You have a complex issue which requires a full analysis of the policies in force an analysis of the damages.
Q:	For employees who have lost their jobs and health benefits, is there disaster assistance for payment of COBRA premiums?
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Q:	A program moderator discussed two projects that are seeking volunteer attorneys (Shelter and Neighborhood Assessment; and Information Projects). Please forward contact information for more information. Thanks.
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Q:	I am interested in Prof. Tracy McGaugh's "shelter project." I am working at a special needs shelter through the Nassau County Department of Health. Thre are also two Red Cross general population shelters in the next building. Please let me know if there is anything I can do to assist. Thank you, Shannon Jauck
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Q:	Has the NYS Tax Department or the IRS relaxed its rules for Superstorm Sandy casualty loss deductions
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Q:	Can one of the panelists answer this question which affects thousands of people: If a vehicle in NYS only has liability insurance, will FEMA cover the loss if the vehicle was flooded? Thank you.
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Q:	In the event that water went above the basement two feet into the first floor, can an argument be made with the insurance company that the additional two feet of water was due to wind? Thank you
A:	It is not likely that this will be an argument won outside of the court system.
Q:	In the last segment, we were advised that Touro Law is putting together projects and business cards are being handed out at the live location. Can that contact information be provided to the people viewing the webcast? Thank you! Erin
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Q:	What is the best way to find a public adjuster?
A:	Better Business Bureau or through NAPIA.com
Q:	What is the distinction between basement or first floor, with regard to assessment of damages and amount of money granted by FEMA? What is the maximum amount that could be recovered from FEMA for either basement, first or second floor damages? That distinction was mentioned in the program, but I failed to hear specific explanation. Thank you.
A:	The basement is below the first elevated floor above ground level
Q:	When parents want their displaced children to return to their home school district rather than the district they've been displaced to, who provides/pays for the transportation from the new location to the former district?
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Q:	And if the commercial tenant's copy of the lease has been destroyed?
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Q:	Rolando Gonzalez, Esq., Community Development Project, The Legal Aid Society I just attended a meeting this morning in Depty Mayor Steele's office re: Small Business assistance that addressed small business issues affected by the storm. There were representatives from NYC SBA, Small Business Services, EDC, FEMA (SBS/EDC/FEMA) at the meeting. I'm wondering if you're working with SBA so you and they are not duplicating efforts to assist - whether your or their seminars and working directly with the business owners but at different sites - but coordinating because it doesn't sound like that. One of the things brought up at this meeting was how difficult it is to fill out the forms and the need for attorneys to assist (there are many attys who want to volunteer but are not yet plugged in)
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Q:	A bunch of elected officials have heard a rumor that the Governor's office is considering SUSPENDING certain provisions of rent stabilization, by executive order, for certain apartments where rents will be subsidized for people displaced (from other residences) by Sandy. (If this is at all warranted by the emergency, it would be important that it be tightly limited in scope, that the language not create unintended loopholes, and that we don't take apartments out of rent stabilization through this temporary mechanism.) The elected officials in our area who have become aware of this rumor would appreciate any details (public or not public) about this that anyone on the panel or watching might have. thank you
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Q:	Should we be advising people in New York State to be cleaning their property in cases where they have flood insurance? It does not seem to be determined whether the governors executive orders will apply to flood damage.
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Q:	Please provide process and key points for getting money back for personal property damage/loss that was stored in a storage facility that is located in a disaster area and may or may not have insurance .
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Q:	For the panel: at what point does the landlord's failure to repair flood damage become a "constructive eviction" which would allow a tenant to cancel his lease?
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Q:	Please clarify the rule on bus service for parochial school children. If the school is relocated to another district, and the child remains in the original district, does the child still get bus service? If both the school and the child are relocated to a different district, be the same or two different districts, does the child still get bus service? If the school remains in the original district, but the child does not, does the child still get bus services? Thank you.
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Q:	Is there any recourse for someone who may have filled out their FEMA application incorrectly and was denied compensation of any type?
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Q:	I have a mortgage modification client. The mortgagee is Bank of America. BOA just advised her that her application for a mortgage modification will not be considered because the first floor of her 2 family home is presently not habitable as a result of Hurricane damage. The property is on staten Island, and FEMA awarded her approximately $31000. The entire house has power. Can the Mortgagee terminate modification negotiations under these circumstances?
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