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ABA Section of Real Property, Trust & Estate Law

IF DISASTER STRIKES ... HOW READY ARE YOU?

Hurricane Relief

This page will be updated as relief efforts continue.

On This Page:

  1. Resources for Affected Lawyers
  2. Resources for Lawyers to Help Victims
  3. Real Property Resources
  4. Probate and Trust Resources
  5. Tax Matters

I. Resources for Affected Lawyers

 

A. State Bar Association Efforts

B. State Licensing Issues

C. Affected Court Systems

D. Insurance Claims

  • Assistance for Lawyers Dealing with Insurance Claims
    This site is to assist lawyers with claims of insureds.  This site links to checklists such as comparing forms coverages, health and safety issues, mold cleanup and adjuster guides. It is intended to assist the lawyer in assisting a client with insurance claims.
  • Dealing with Adjustors
    2 Links to Articles on Dealing with Adjusters and on Dealing with the Carrier. --  2 excellent insurance articles created by International Risk Management Institute, sent to us  by Neil Kessler [Chair of the Property Insurance (not title) Committee].  Packed with information on how to meet and deal with these folks.
  • International Risk Management Institute
    International Risk Management Institute's website -- risk management is insurance, and they have over 700 articles on various insurance matters available.  An excellent site.
  • Memo of suggested initial steps with adjusters and in reviewing insurance
    A consolidated memo, given us by Alexandra Cole of Perkins Coie, not too lengthy, briefly outlining initial steps for preparing for adjusters' visits, and for getting ready for dealing with carriers, including business interruption claims, memorializing information, setting up a team to handle it.

E. Law Practice Management

Topics addressed are:

  • The Role of the Lawyer - drafting multi-jurisdictional agreements and limiting liability exposure while enabling response
  • Prevention and Mitigation - enforcing building and flood plain management codes
  • Preparedness and Response - continuity of operations and tips on keeping your office open
  • Organizing Resources for Response
    Recovery - mutual aid agreements and National Incident Management System
  • Recovery - procedures to assure FEMA reimbursement and land use issues raised by disaster housing programs
  • "How To Start A Law Office"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Ulric C. (Todd) Scott, Esq., Minnesota Lawyers Mutual Insurance Company, author of this article.
  • The Role of Technology In Today's Law Practice"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Wells H. Anderson, Esq., Active Practice LLC, author of this article.
  • Law Office Technology For Your New Firm"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Wells H. Anderson, Esq., Active Practice LLC, author of this article.

F. Office Space and Equipment

  • Office Space Availability Directory
    This directory indicates available space by state for displaced attorneys. This directory will be updated daily with additions and removals once space has been arranged between two parties. The ABA is not responsible for matching available space with seeking attorneys or firms. Please contact the indicated contact person to make arrangements.

G. General Assistance

H. Real Estate Practice Materials

I. Probate and Guardianship Practice Materials

II. RESOURCES FOR LAWYERS TO HELP VICTIMS

 

A. Shelter and Housing

  • ACMA@mgmtsolcom 
    This site is published by the American College of Mortgage Attorneys and provides an Adopt-A-Family program to connect individuals and families associated with the Gulf Coast ACMA law firms with individuals, firms or groups wishing to participate in the adoption program for those displaced by the Hurricane.  Bev Levy of ACMA is creating a central depository of potential adoptees.
  • ABA Katrina Page
  • www.socialserve.com
    This is a community service website including Fannie Mae, Bank of America, Foundation of the Carolinas and others for purposes of posting for rental and sale properties. The site has a link toHurricaneKatrinaHousing.org which lists free rooms, apartments, homes or emergency shelters to help victims of Hurricane Katrina.  That list, however, is only searchable by authorized agencies and is not public information.  The link also allows you to link to “Landlords” to register any sites for which you would work with Hurricane victims.
  • Low Income Housing
    Expanded Availability of Low-Income Housing for Hurricane Victims

B. Legal Assistance

  • Non-admitted Pro Bono
    Today, January 20, 2006, the Supreme Court of Louisiana issued an Order promulgating a supplemental emergency pro bono civil legal assistance rule to permit non-admitted lawyers to render temporary pro bono civil legal services to victims of Hurricane Katrina and Hurricane Rita.

    The Order expands the legal services providers and lawyer-supervised pro bono agencies through which pro bono services may be rendered to:

    Southeast Louisiana Legal Services Corporation Acadiana Legal Services Corporation Capital Area Legal Services Corporation Legal Services of North Louisiana, Inc. Southwest Louisiana Legal Services Society, Inc.; and The Pro Bono Project (New Orleans) The rule will remain in effect for one year.

    The entire Order including information regarding application for a limited certification of pro bono practice in Louisiana may be found by clicking on the link above.    

  •    http://www.mhdc.com/notices/hurricane_relief/default.htm --  this is the site of the Missouri Housing Agency, recommended to us by the RP Section of the National Bar Association, it contains numerous links to local and federal agencies of interest.
  • www.abcny.org includes a link to New York City Responds to Hurricane Katrina which provides further links to a report entitled “Public Service in a Time of Crisis” which outlines the emergency legal response take by the New York City legal community to address needs of victims.  This site also includes a link to forms for use in New York with respect to contracts of sale and leases.
  • Information from Agencies Providing Assistance to Victims of Hurricane Katrina
  • www.lsba.org is the Site of the Louisiana State Bar Association and as such has many meaningful links and information.  This site sets forth the creation of the Hurricane Katrina Legal Relief Fund which the Louisiana State Bar is establishing to assist lawyers who lost their home and offices in the storm.  This site also has a link for LSBA Members to add their contact information to the website and search for other Members who have updated their information after the Storm.  In addition, this site provides links to offer legal assistance to victims. 
  • www.redcross.org/news is a website published by the American Red Cross containing news articles, safety tips and disaster updates regarding Katrina.  The site includes links for those wanting to offer assistance to those in need including how to donate funds or goods, give blood or volunteer.  The site provides easy access to finding your local red cross by entering your zip code.  Most importantly this site provides simple ways to Donate Now including online and by phone and mail and how to donate Stock, spare change and airline miles.
  • www.abanet.org/legalservices/findlegalhelp/home.cfm is a site maintained by the ABA providing a Consumer's Guide to finding Legal Help.  This site provides phone numbers for the American Red Cross and provides information for emergency victims in need of applying for disaster FEMA online assistance.  The site also provides Katrina related links for Donations and Volunteering.  Distinctively, this site provides a State by State link for resources to finding legal assistance, including in the disaster related States.
  • www.housingfinance.com is the site of the Affordable Housing Finance Magazine.  This site has a link for information regarding Housing Finance Organizations and their efforts with respect to the announcement of relief for areas hit by Hurricane Katrina.  Apartment owners and developers across the area are working with the government to house displaced residents in vacant units and ideas are being sought for tailoring program assistance to aid recovery.
  • www.nmhc.org is the site of the National Multi Housing Council which is a national association representing large and prominent apartment firms.  The site references HUD's creation of a Toll-Free Number (1-800-955-2232) for Section 8 Voucher Holders and Public Housing Residents affected by Hurricane Katrina.  In addition, the site includes links to Emergency Housing Providers and Identification Documents for Evacuees and How to get Relief Assistance.  There is also a link so that owners can register apartments that they may have for victims.
  • List of Relief Agencies
    From MSNBC      
  • Disaster relief page for ABA Center for Pro Bono Program Support
  • http://www.neworleansbar.org/FirstCityCourt.php
    This is a very helpful group of Landlord-Tenant articles from New Orleans Bar Assn., for Consumers With No Attorney (such as How to Defend Against  Eviction; How to Evict; explaining court procedures) as well as for Attorneys (such as Forms; the new Lease Law).

C. Other Disaster and Relief Assistance

  • EPA Memo on potential hazards
    A link to the Federal EPA's collection of  informational flyers on potential hazardous situations during cleanup activities such as: Leaking natural gas lines; CO poisoning from un-vented fuel-burning equipment indoors; Toxic fumes from household cleaners and disinfectants; Airborne asbestos and lead dust; Hazardous waste, Mold; Drinking water hazards.
  • FEMA response and recovery
    Website of FEMA response and recovery, largely aimed at individual assistance and programs of relief including lodging, home repair grants, medical costs and low interest loans and counseling.
  • Guidance for small business owners
    Links to a little booklet from the Public Entity Risk Institute, to help small business owners decide how and if they should reopen after disaster.
  • Disaster preparation for small Business
    Another Risk Institute booklet for small business discussing disaster preparation in general in a wide ranging discussion.  The entire riskinstitute.org website is quite interesting.
     
  • Home Repair Contract
    This is a link to a fairly brief home repair contract from Florida Home Builders.   It has  an explanation of the contract, required FL clauses re mechanics liens and other state requirements. Its about 6 pages.

III. REAL PROPERTY PRACTICE MATERIALS

 

A. Title Examination, Surveys and Title Insurance Materials

  • www.alta.org.  Click on the link to Hurricane Katrina Information and Resources for Mortgage Professionals to find information regarding “Clearinghouse of Title Professionals in the Gulf Area,” “Job Postings for Misplaced Title Professionals,” and “Resources for Mortgage Professionals Including from HUD, Fannie and Freddie.”

  • " Methodology For Reviewing Surveys Part 1"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Andrew P Lee, Esq., Leonard Street & Deinard, author of this article.
  • " Methodology For Reviewing Surveys Part 2",
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Robert F. Devolve, Esq., Leonard Street & Deinard, author of this article.

B. Purchases and Sales of Real Property

  • A link to NYCity  Bar Assn forms-- this site contains forms for contract of sale-commercial property [a NY type, covers more than you would ever need but these forms are all editable]; contract of sale for one-family house; note and mortgage; condominium unit contract of sale; intercreditor agreement.  These are all NY forms, but they are very comprehensive, and able to be edited, all open to visitors. 
  • " Use of Special Covenants, Representations, Warranties & Indemnification"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Daniel J. Cole, Esq., Briggs and Morgan, PA, author of this article.   

C. Leasing Materials

  • 15 Essential Tenant Lease Provisions
    A one page bullet list of 15 points of greatest interest to a tenant's attorney seeking a quick lease resolution, from Jeff Margolis in NYC through DIRT.  A bit NewYork-ish, it includes things not so common in smaller locales, but quick and interesting for a new tenant lease. http://www.umkc.edu/dirt/CLE_BASICPRINCIPLES_final.doc
  • Farm Lease
     Louisiana version of a simple farm lease, prepared in an effort to conform to LA form of such leases; only about 5 pages long.
  • Two License Agreements
    These are Two license agreements, one about 6 pages, the other very terse about 2 pages. They are not state specific and have not been reviewed by local counsel. They could be used for office or other commercial use, and by changing nouns [e.g. licensor to lessor or sublessor] they could serve as short term lease/sublease agreements as well.
  • Catastrophic Service Interruption in Commercial Leases
    From Probate & Property, Jan/Feb 1994
  • Basic form for temporary housing agreement
  • NYC Bar Forms
    NYCity Bar Assn forms
    This site contains forms for Office Lease and for Sublease These are ;both NY based forms, and quite lengthy, but they are fairly comprehensive, and able to be edited and shortened, and all are open to visitors.
  • Temporary Occupancy Agreement
    Temporary Occupancy Agreement from a Georgia lawyer, who intends ;it as a generic form, for any residential space. It has no rent provision (although you can add one), and is 12 pages though the spacing is quite liberal and it can be reduced to probably 5 or 6. Author notes that holdover and insurance are largest issues to worry about

D. Design and Construction Materials

  • "Multi-Dwelling Construction Defect Litigation"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Robyn N. Moschet, Esq., and William J. Rogers, Esq., McCollum Crowley Vehanen Moschet & Miller, Ltd, authors of this article.
  • "Residential Construction Defect Claims - Defendant's Perspective"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Robyn N. Moschet, Esq., McCollum Crowley Vehanen Moschet & Miller, Ltd, authors of this article.
  • "Construction Defect Claims: Legal and Strategic Considerations"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Aaron A. Dean, Esq., and Patrick Lee-O'Halloran, Esq., Fabyanske Westra Hart & Thomson, authors of this article.
  • "Warranty and Construction Defect Claims for Common Interest Communities"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Marvin T. Fabyanske, Esq., Richard G. Jensen, Esq., and Matthew T. Collins, Esq., Esq., Fabyanske, Westra, Hart & Thomson, P.A., authors of this article.
  • " Mediation of Residential Construction Defect Cases"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and James R. Gray, Esq., Aafedt Forde Gray Monson & Hager, P.A., and Mark J. Heley, Esq., Coleman Hull and van Vliet PLLP, authors of this article.
  • Articles on Law Office Operations
    -- A link from Todd Scott of Minnesota Lawyers Ins. Co. containing a large number of straightforward, easy to understand articles on a broad range of topics on law office operations for the small and solo office, from software to word processing to email to engagement letters; select the law practice management sub-topics.
  • Small Firm & Solo Technology and Office Advice
     -- On this site Ross Kodner of Microlaw Co. in Milwaukee has a large number of articles he's written on law office tech advice, including setting up, computers, purchasing, on-line security, many others, helpful for restoring and maintaining an office. 

E. Use Covenants / Restrictions and Easements

F. Co-Tenancy Agreements

  • "Yours, Mine and Ours: Co-Tenancy Agreements"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Clarissa M. Klug, Esq., Gordon L. Jensen, Esq., and Stacy A. Woods, Esq., Jensen & Sondrall, P.A., authors of this article.

G. Insurance in Real Estate Transactions

H. Environmental / Mold Materials

  • 2 excerpts on mold ...
    ... from a leasing book by John Busey Wood and Alan M. DiSciullo, one with good coverage of clauses for leases and discussing dealing with mold, and the other a brief overview of insurance coverage of mold.
  • The Mold Muddle
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Joan M. Quade, Esq., Barna, Guzy & Steffen, Ltd., and Remi Stone, Builders Association of the Twin Cities, authors of this article.
  • " Insurance Coverage For Mold Related Cases"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and Robert P. Thavis, Esq., Leonard Street & Deinard, author of this article.
  • "Mold Overview"
    Permission granted by Minnesota CLE, the educational division of the Minnesota State Bar Association, and McGregor Pearce, MPH, Environmental Health Consultant, LLC, author of this article.

I. Debt Forbearance / Workout Materials

J. Hotel / Resort / Common Interest Community / Condominium / Interval Ownership Materials

  • Disaster Planning & Recovery -- an article by Gary A.Poliakoff of Florida's Becker & Poliakoff, covers preparation for and post disaster recovery actions, largely applicable to condominiums and other common owned interest properties

K. Eminent Domain

IV. PROBATE & GUARDIANSHIP MATTERS

 

V. TAX MATTERS

 

  • Section of Taxation Page
    Tax Section's web page for help for Hurricane Victims
  • For Private Foundations
    Foundation Source is providing relief for private foundations affected by the hurricane.
  • Estimated Revenue Effects
    Joint Committee on Taxation, estimated revenue effects of the Hurricane Katrina Tax Relief Act of 2005, as amended by the Senate on September 15, 2005.
  • Hurricane Katrina Tax Relief Act of 2005
    Hurricane Katrina Tax Relief Act of 2005, as amended by the Senate on September 15, 2005. The Act includes a number of tax relief items. Among the measures is a provision removing the percentage limitations on charitable deductions for all cash contributions by individuals to public charities from August 28 to December 31, 2005. (In other words, the percentage limitation is increased from 50% to 100%.) Furthermore, such contributions by individuals will not be treated as itemized deductions for purposes of the overall limitation on itemized deductions under section 68 of the Internal Revenue Code. The percentage limitation is also removed for charitable contributions by corporations during that same period (i.e., the percentage limitation is changed from 10% to 100%), but only if the contributions are relief efforts related to Hurricane Katrina. The President signed the Act on September 23, 2005.
  • IRS Webpage--Hurricane Katrina: Information on Charitable Giving, Tax-Relief Issues
    This webpage has links to various IRS Notices and other information related to charitable giving and tax relief for Hurricane Katrina victims.
  • IRS Webpage Addressing Tax Relief in Disaster Situations
    This webpage has links to various IRS Notices that have provided relief for Hurricane Katrina victims as well as victims of other recent natural disasters. Special tax law provisions may help taxpayers recover financially from the impact of a disaster, especially when the president declares their location to be a major disaster area. (There are also links to Publications 547, 2194 and 2194B about claiming disaster losses, and Publication 3833 about providing disaster relief assistance through charitable organizations.)
  • FAQs About Your Tax Relief
    IRS Webpage
  • RIA Articles
    These articles are provided with the express permission of Thomson/RIA from RIA's Federal Taxes Weekly Alert.
    • Katrina Tax Issues Summary
      This article is an outstanding summary of special tax relief provisions that are available for Hurricane Katrina victims and generally for declared natural disasters.
    • RIA Special Study—Tax Relief for Victims of Hurricane Katrina and Other Presidentially declared Disasters
      The RIA Special Study webpage has an outstanding summary of special tax relief provisions that are available for Hurricane Katrina victims. The Special Study is updated on a regular basis as new information becomes available. The article about Presidentially Declared Disasters summarizes tax relief provisions that are generally available to victims of natural disasters. The article is provided with the express permission of Thomson/RIA from RIA's Federal Taxes Weekly Alert.
  • Tax Relief Granted by IRS
  • IRS Expands Relief Areas
    Expanding the number of parishes and counties in Louisiana, Mississippi and Alabama entitled to tax relief
  • Toll Free Help
    IRS Creates Disaster Relief Toll-Free Number: 1-866-562-5227
  • Fuel Penalty Waived
    IRS Waives Diesel Fuel Penalty Due to Hurricane Katrina
  • Employee Plans
    Relief Regarding Certain Employee Plan Contributions
  • Charity Applications
    IRS Expedites Charity Applications, Urges Use of Existing Charities
  • Highway Vehicles
    IRS Allows Highway Vehicle Removal of Aviation Fuel Due to Hurricane Katrina
  • Joint Agreement
    IRS and AICPA Announce Agreement to Assist Disaster Victims
  • Special Relief to Encourage Leave-Donation Programs for Victims of Hurricane Katrina
    Employers may adopt programs allowing employees to donate their vacation, sick or personal leave in exchange for employer cash payments made to qualified tax-exempt organizations providing relief for the victims of Hurricane Katrina. Under Notice 2005-68, employees can forgo leave in exchange for employer cash payments made before January 1, 2007, to qualified tax-exempt organizations providing relief for Hurricane Katrina victims. Employees do not have to include the donated leave in their income. Employers will be permitted to deduct the amount of the cash payment.
  • Tax Tips 4 U / ABA Section of Taxation: Disaster Losses Q-and-A
  • ABA Section of Taxation Disaster Relief: IRS Information
  • Tax Issues Resulting From National Disasters (tax section membership required)

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DISCLAIMER REGARDING LEGAL ADVICE: The fact that any materials are linked, referred to or available on this website is not to be considered the rendering of legal advice. Those materials are intended for educational and informational purposes only. The Real Property, Trust and Estate Law Section has not reviewed the materials for accuracy or for compliance with or enforceability under applicable laws, regulations and case law.

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