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September 2020 California Wildfires Helping Handbook

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HELPING HANDBOOK FOR INDIVIDUALS AND SMALL BUSINESSES AFFECTED BY THE SEPTEMBER 2020 CALIFORNIA WILDFIRES This handbook provides an overview of some issues that individuals, families, and small businesses may face as a result of the fires that broke out in California starting on September 4, 2020. While fires have occurred throughout the state in 2020, this handbook focuses particularly on Fresno, Los Angeles, Madera, Mendocino, Napa, San Bernardino, San Diego, Shasta, Siskiyou, and Sonoma counties because, as of the time of this publication, these were the counties covered by the federal government’s Major Disaster Declaration, DR-4569 (declared on October 16, 2020 and later amended), which triggered certain assistance to individuals. Please note, unless otherwise indicated, this handbook is only current through October 19, 2020. By the time you read this material, the federal, state, and county governments may have enacted additional measures to assist victims of the fire that may affect some of the information we present. This handbook will not answer all of your questions. It is designed to set out some of the issues you may have to consider, to help you understand the basics about each issue, and to point you in the right direction for help. Much of the information in this handbook is general, and you may have to contact government officials, or local aid organizations, to obtain more specific information about issues in your particular area. You may feel overwhelmed when considering the legal issues you face, and you may find it helpful or even necessary to obtain an attorney’s assistance. These feelings are normal. Legal issues are often complicated, and it is prudent and recommended to seek advice from an attorney about your questions and the specifics of your situation before acting precipitously. If you do not have an attorney, legal advice and referrals are available to those in need, at times at no charge. To help you get started, this handbook includes a list of lawyer referral agencies and several legal aid providers. See the Lawyer Referral Services & Legal Aid chapter of this handbook. The COVID-19 pandemic has complicated the situation faced by wildfire survivors. As noted throughout the handbook, many agencies and organizations may have restrictions on in-person visits, and some may be providing limited services at this time. This handbook cannot anticipate all COVID-19 disruptions, so we encourage you to use the provided contact information to check for the latest information on services, and access to services, for assistance providers. Morrison & Foerster LLP has made the contents of this handbook available for general information purposes only. Although we hope it will be helpful by providing background material, we do not warrant that it is accurate or complete, particularly since circumstances may change after this handbook is posted on the web or published. The handbook is general in nature and may not apply to particular factual or legal circumstances. In any event, the handbook does not constitute legal advice and should not be relied on as legal advice. Morrison & Foerster LLP renders legal advice only after compliance with certain procedures and when it is legally and ethically permissible to do so. Readers acting on any information contained in this handbook are urged to seek tailored advice from their own legal counsel; if a reader cannot afford counsel, referrals to pro bono counsel may be obtained from the organizations listed in the Lawyer Referral Services & Legal Aid chapter of this handbook. There is no cost for using or copying these resources. They were compiled to help the people and organizations affected by the wildfires. Reproduction or distribution of these materials for commercial purposes without prior written permission is strictly prohibited. This handbook can be viewed online or printed at https://www.mofo.com/2020-wildfires. If an organization with which you are affiliated would like to request printed copies of the handbook, please email mailto:[email protected]. Current as of October 23, 2020 TABLE OF CONTENTS PAGE HOUSING ............................................................................................................................................................................... 1 TEMPORARY HOUSING .......................................................................................................................................... 1 HOUSING PAYMENTS ............................................................................................................................................. 2 RENTERS ................................................................................................................................................................. 3 REPLACEMENT OF POSSESSIONS ...................................................................................................................... 4 DEMOLITION AND CLEAN UP ................................................................................................................................ 5 REPAIR AND REBUILDING ..................................................................................................................................... 5 PURCHASE AND SALE OF DAMAGED PROPERTY ............................................................................................. 9 PROPERTY TAXES .................................................................................................................................................. 9 EMPLOYMENT AND RELATED BENEFITS ....................................................................................................................... 11 INSURANCE ........................................................................................................................................................................ 22 UNDERSTANDING YOUR INSURANCE COVERAGE ......................................................................................... 22 NOTIFYING YOUR CARRIER AND NAVIGATING THE CLAIMS PROCESS ...................................................... 23 ACCESSING RESOURCES AND KEY CONTACTS ............................................................................................. 24 FEMA ................................................................................................................................................................................ 27 OVERVIEW ............................................................................................................................................................. 27 ELIGIBILITY & APPLICATION QUESTIONS ......................................................................................................... 28 STATE SUPPLEMENTAL GRANT PROGRAM INFORMATION ........................................................................... 31 SBA LOAN ASSISTANCE ................................................................................................................................................... 32 OVERVIEW ............................................................................................................................................................. 32 HOME AND PERSONAL PROPERTY LOANS ...................................................................................................... 35 BUSINESS PHYSICAL DISASTER LOANS ........................................................................................................... 36 ECONOMIC INJURY DISASTER LOANS FOR SMALL BUSINESSES ................................................................ 37 BUSINESS INTERRUPTION ............................................................................................................................................... 40 CONTRACTS .......................................................................................................................................................... 40 REAL ESTATE ........................................................................................................................................................ 42 TAX RELIEF ............................................................................................................................................................ 44 EMPLOYMENT/TREATMENT OF EMPLOYEES .................................................................................................. 45 PERSONAL FINANCES & TAXES ...................................................................................................................................... 51 DEALING WITH CREDITORS, BANKS, AND CASH NEEDS ............................................................................... 51 OTHER CONSIDERATIONS .................................................................................................................................. 53 TAXES ................................................................................................................................................................... 54 SOCIAL SECURITY, UNEMPLOYMENT, CALFRESH, AND OTHER REGULAR AND SPECIAL GOVERNMENT PROGRAM BENEFIT PAYMENTS ........................................................................................................................ 58 SOCIAL SECURITY ................................................................................................................................................ 58 IMMIGRATION ....................................................................................................................................................................
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