DECLARATION OF JIMMIE SMITH I, the undersigned, hereby state from my own personal knowledge the following and if called upon to testify I would so state: 1. My name is Jimmie Smith and I have given an earlier declaration dated January 9, 1990 that explains my family's circumstances in greater detail. 2. In brief, my wife Frances and I have been denied temporary housing assistance by FEMA. Even though we moved into the Hamilton Hotel with all of our belongings and with every intention of living there permanently, FEMA said that it was not our primary residence because we had not lived there for thirty continuous days. 3. I have been told that FEMA expects the Red Cross to provide housing assistance to us and others who were denied because of the thirty day rule until other housing funded by FEMA becomes available. This is not true. For us and many other people I know in Oakland, FEMA has denied temporary housing assistance and the Red Cross is ending our housing aid. 4. At this time, Frances and I have been told in writing that we must leave our Red Cross-furnished housing. This letter states definitively that "your stay at Mercy Manor [is coming] to an end.... It is important for us to tell you that the last day you can stay at Mercy Manor is February 12, 1990." A true and correct copy of this letter is attached as Exhibit A to this declaration. 5. We received a voucher from the Red Cross that originally allowed us to stay at Mercy Manor, a Red Cross funded shelter, until January 2, 1990. Although we received an extension that allowed us to stay past that date, on January 23rd I was given the letter I mentioned earlier. Our social worker at Mercy Manor has told us that we must leave by February 12 regardless if we have found another place to live. 6. Only through the intervention of political figures and community representatives have we avoided being cut off by the Red Cross before now. As I mentioned in paragraph 14 of my previous declaration, we received a Red Cross voucher that enabled us to stay for a week in the Comfort Inn. When I went back to renew this, I was able to get another voucher but this one stated on the bottom that it was our final Red Cross assistance. A true and correct copy of this voucher is attached as Exhibit B to this declaration. Red Cross staff similarly told me that this would be the last voucher we would receive. 7. We were not able to find another place to live before those two weeks were up. We have a very limited income and with have not been able to find a place that is decent enough to live in. I therefore asked the Red Cross to renew the voucher. 8. The Red Cross representatives refused. I was stunned and faced with the prospect of having nowhere to go. This was just wrong and I was being forced to beg the motel to allow me to stay another night without paying. 9. I therefore went to the head of the Emergency Services Network, Xenobia Embry-Nimmer, to get Red Cross to change their position. She arranged for me to contact a senior official at Red Cross but no one had heard of this person when I arrived. I therefore went to the office of my Congressman, Rep. Dellums, and finally through his staff was able to get continued aid. Even his office was forced to spend several hours on the phone to work this out. Unquestionably without the intervention of ESN and Congressional staff I would have been cut off. 10. This is happening left and right to people who have been denied FEMA housing assistance and have shelter only through the Red Cross. I know of at least three people who have been forced out of Mercy Manor already. At least five others at Mercy Manor have received letters like the one I got telling them that they must leave by mid-February. There is a clear policy that people cannot continue to receive housing indefinitely at Red Cross expense-- including people like myself who have been denied FEMA housing aid. 11. One of the people at Mercy Manor who has received an "eviction" notice is Paula Foster. She was sharing a room with someone at the time of the earthquake and believes this was the reason she was denied FEMA aid. A true and correct copy of the letter she got from Mercy Manor is attached as Exhibit C. and correct copies of letters to Roy Robinson and Robert Williams, both of whom have told me they were denied FEMA aid, are attached as Exhibits D and E. True 12. A fourth individual who has been denied FEMA assistance and is faced with eviction from Mercy Manor is Joanna Carson and her daughter and newborn baby. As she explains in her letter (a true and correct copy is attached as Exhibit F), she had paid rent for a place but had not moved in on the day the earthquake occurred. She has received a letter saying that all three of them, including the two month old child, must leave by February 15, 1990. 13. These letters all say that we must work "harder" to find permanent housing and suggest that we have not been doing so. This is untrue. We have looked through dozens of newspapers and other apartment sources and visited numerous units. The social workers just seems to assume that because we have not been successful we are not trying. arbitrarily. They do not keep track of the visits we make to find apartments or other efforts we undertake. They certainly do not realize that there is no housing with even the basic necessities at prices we can afford. I certify under the pain and penalty of perjury that the foregoing is true and correct and that I would so testify if called upon. This declaration was executed this 3/ ., 1990, in Cakland January .. California. Jimmie J. Smith Jimmie Smith day of 29-577 - 90 - 18 Mercy Manor January 23,1920 Dear fisa & Fremis This is a letter to inform you that your stay at Mercy Manor has been your temporary home while you at Mercy Manor is February 12, 1890 Your Caseworker IRVING KERMISH 3121 Fruitvale Avenue Oakland, CA 94602 1415) 534-5169 A divisar Catholic Healthcare West and Guardian Fun |