Last Updated: Friday, February 9, 2024
Introduction
Maine communities have been hit hard by storms and flooding - with the storms on December 18th, 2023, and January 10th and 13th, 2024 being some of the most destructive. We know you have questions and will do our best to answer them, but some of these issues (like the availability of FEMA help) are still developing. When possible we will link to official government sources for more resources and information.
This storm resource hub from the State of Maine has a lot of good information about the recent storms and flooding, and will be updated quickly with official announcements and new information. It includes forms for submitting information to the Maine Emergency Management Agency about damage from recent storms.
Resources During the Storm and Recovery
Where can I get help if I need shelter, food, drinking water, clothes, toiletries, or support? What if I need to leave my home unexpectedly or lose power for a long time?
There are several resources to find help with basic needs:
- Maine 211 (you can dial 211 or text your zip code to 898-211)
- Mass Care - Maine Emergency Management Agency
- County Emergency Management Agencies - Maine Emergency Management Agency
- American Red Cross
Can emergency services like shelters and meal providers discriminate against me?
No. There are federal and state laws that protect you from discrimination based on your race, color, ancestry, national origin, sex, sexual orientation (which includes gender identity and expression), physical or mental disability, religion and, in certain circumstances, age. These laws apply even during disasters.
If you are a person with disabilities, you may be entitled to a reasonable accommodation to give you equal access to services. In a disaster, people with disabilities can be especially vulnerable to discrimination because the emergency services and support systems may not always consider disabled community members in their planning. This presentation from the Partnership for Inclusive Disaster Strategies is not Maine-specific, but it has helpful information about what people with disabilities and their communities can do to protect their rights and independence during a disaster.
Contact Pine Tree Legal Assistance if you have questions.
Am I eligible for FEMA Assistance?
FEMA Assistance is only available to people living in certain areas that have had a Federal Major Disaster Declaration. The process can sometimes take several months after the disaster event. Current Maine Federal Major Disaster Declarations are:
December 18th, 2023 Storm & Flooding
A Federal 'Major Disaster Declaration' has been granted for the December 18th, 2023 storm and flooding. This means the state of Maine and effected Tribal governments, local governments, and some organizations helping people recover from the storm will have access to more money and support from FEMA.
Individual FEMA assistance has also been approved for some of the worst hit counties. For this storm, you may be eligible for individual assistance if you live in one of these counties:
- Androscoggin
- Franklin
- Kennebec
- Oxford
- Somerset
You may be able to get grants for temporary housing and home repairs, or low interest loans to help replace things you lost that are not covered by insurance.
FEMA and Maine agencies will set up disaster recovery centers in effected communities. At these centers you can:
- learn more about what kind of help is available,
- apply for help,
- get help understanding letters you may get from FEMA, and more.
January 10th & 13th, 2024 Storms
A Federal disaster declaration has not been issued for the January 10th storm yet. Governor Mills has asked for a Federal disaster declaration and we are waiting for a decision from the federal government. We will update this page if this changes.
This storm resource hub from the State of Maine has a lot of good information about the recent storms and flooding, and will be updated quickly with official announcements and new information.
You can also learn more about FEMA assistance in general at disasterassistance.gov.
I’m very worried about the storm and its aftermath, is there any help or support available?
Yes. There is a program called the Disaster Distress Helpline which is ‘dedicated to providing year-round disaster crisis counseling. This toll-free, multilingual, crisis support service is available 24/7 to all residents in the U.S. and its territories who are experiencing emotional distress related to natural or human-caused disasters.’
The Helpline is available 24 hours a day for anyone feeling stressed about a disaster. To connect with the Helpline call 1-800-985-5990 or text TalkWithUs to 66746 to connect with a trained crisis counselor.
Public Benefits
What happens if I am on SNAP (food stamps) and I lose food due to a power outage or storm damage?
If you lose food due to a power outage or storm damage, you may be eligible for replacement SNAP benefits. Learn more about replacement SNAP benefits in this article from Maine Equal Justice.
December 18th, 2023 Storm
If you live in a storm impacted area you should have automatically gotten 60% of your December SNAP benefits replaced as of January 13th, 2024.
- You did not have to apply to get this automatic 60% replacement benefit.
- If you already applied for replacement benefits and got them, you will not get this automatic replacement benefit.
January 10th & 13th, 2024 Storms
As of now, the regular rules for getting replacement SNAP benefits apply for these storms. Learn more about replacement SNAP benefits in this article from Maine Equal Justice.
For Renters
What will happen if my home is damaged in the storm and I can't live there until the damage is repaired? Does my landlord have to put me up somewhere? Do I still have to pay my rent?
If storm damage makes your home unlivable, there are two things that could happen. Your landlord could put you up in alternative accommodations while you continue to pay rent and repairs are made. Or, your tenancy could end because of the extent of the damage. You will no longer owe rent but you will have to find a new place to live.
What if my home is damaged in the storm and my landlord blames me? Can my landlord insist I keep the basement pumped out by hand or else be responsible for any water damage?
Landlords are responsible for repairing damage that a tenant did not cause.
You could be responsible if you left all your windows open during the storm and made the damage worse. But, if you took reasonable precautions and your unit is damaged, the landlord is responsible for repairing the damages and paying for the repairs. It is not reasonable for your landlord to expect you to take extreme measures like staying up all night to bail out your basement.
Do I still owe rent if I lose power or lose other utilities?
Generally speaking, yes. You still owe rent for any time period you are living in your rental, even if you don’t have utility services.
A landlord is responsible for making any needed repairs to allow utility companies to restore services. You should not withhold rent payment without talking to a lawyer first.
For Homeowners
Someone knocked on my door and offered to repair my home immediately. Should I trust them?
Unfortunately, people with bad intentions can take advantage of emergencies to try to scam people. Maine has strong consumer protection laws that protect you from door-to-door repair offers.
Before hiring a contractor who knocked on your door, you should always:
- Ask to see their state issued registration card
- Get a contract in writing
- Confirm that they are properly insured
- Be given the opportunity to wait three days before the work begins and the right to cancel during those three days
If a contractor refuses to follow those terms, do not pay them any money. You can report them to your local law enforcement agency.
My homeowners insurance says it doesn’t cover floods. Is that right?
Homeowners insurance policies do not normally cover flood damage. Flood insurance is usually a separate policy. There may be some coverage for surface runoff from rain. Homeowners should always check their insurance policies.
Some people might be eligible for flood insurance through the National Flood Insurance Program. This will not help with damage from storms that have already happened.
For Workers
What happens if I can't get to work due to storm conditions/damage - can I be fired for that?
If you are a farm worker and are worried about how the storm could impact your job, or have questions, contact our Farmworker Unit.
Other types of workers should reach out to the Volunteer Lawyers Project/Southern Maine Workers Center for questions about their employment rights.
I work in Portland – is the emergency minimum wage in effect? Where can I learn more?
Portland's emergency minimum wage goes into effect during a declared state of emergency.
December 18th, 2023 Storm
For the December 18th, 2023 storm, Governor Mills declared a state of emergency, but it did not include Cumberland or York counties. Because of this, we do not believe the emergency minimum wage was in effect. We are not experts in this area - if you need help or have questions about your employment rights during this storm or in general, you may want to contact the Volunteer Lawyers Project for their Worker's Rights Clinic.
January 10th & 13th 2024 Storms
For the January 10th and 13th 2024 storms, Governor Mills declared a state of emergency that did include Portland. This state of emergency began on Thursday, 1/11/2024 at 12:15pm and ended Thursday, 1/18/2024 at 12:15p.m. During this time, Portland's emergency minimum wage was in effect.
We are not experts in this area - if you need help or have questions about your employment rights during this storm or in general, you may want to contact the Volunteer Lawyers Project for their Worker's Rights Clinic.
General Information about the Portland Emergency Minimum Wage
To learn more about your rights under this ordinance in general, you can read the sections about the emergency minimum wage (Section 33.7 (g)).
You can also visit the City of Portland’s minimum wage page, which has more information about when the emergency minimum wage is in effect and a complaint form to report violations of this minimum wage ordinance.
About Courts and Government Agencies
I have a court date during or right after the storm. Where can I get information about whether or not it is still happening? Will I be penalized if I don't have access to a phone or internet to check or tell the court that I can't make it due to the storm?
The Maine courts post information about closings on their website.
If you can’t make a court date due to dangerous conditions, you should call the court and tell them as soon as possible. If you do not have the ability to contact the court due to lack of phone service, you should contact the court as soon as possible when service is restored.
If you do not go to court and court is open, you may be defaulted. Defaulted means that the other side wins. For example, if you are a tenant facing eviction, you will be evicted. If you have sued someone in Small Claims court, the case will be dismissed.
If you are unable to go to court because of dangerous conditions and are defaulted, you may be able to ask the court to reopen your case and give you another chance. The courts do not grant these requests often. You must be able to prove you have a significant reason for not being at court and show that you have a good argument in your case.
If you were defaulted and missed court because of storm conditions, call Pine Tree Legal Assistance. We may be able to help.