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Triple-I Weblog | Undisclosed Flood Dangers Spur Wave of State Legal guidelines

The Pro Garden by The Pro Garden
April 25, 2025
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Triple-I Weblog | Undisclosed Flood Dangers Spur Wave of State Legal guidelines
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Hurricane Helene flood damage in North Carolina

Supply: Getty Photos

New, alarming monetary dangers for homebuyers who’re unaware of property flood histories has pushed a number of states to implement new disclosure legal guidelines, serving to defend customers from surprising prices after buying flood-prone houses, in response to new analysis from Milliman.

Atmospheric situations are intensifying flood dangers throughout the U.S., with extreme storms and rain occasions changing into extra devastating and frequent. Regardless of this escalating risk, a big regulatory hole has endured: many states haven’t required residence sellers to reveal earlier flooding to potential patrons.

This omission creates a harmful situation the place unsuspecting homebuyers make investments their financial savings in properties with undisclosed flood histories.

As Joel Scata, senior lawyer within the local weather adaptation division on the Pure Sources Protection Council (NRDC), explains, “If a purchaser doesn’t know the home is flood-prone, they don’t know they should purchase flood insurance coverage. They don’t know they should mitigate that threat, and that they could possibly be in a extremely dangerous scenario when the following flood occurs.”

The problem grew to become not possible to disregard in 2018 when Hurricane Florence inundated greater than 74,000 buildings in North Carolina. At the moment, sellers weren’t required to tell patrons about earlier flooding, which means hurricane-damaged houses could possibly be cleaned up and offered with out disclosure of this crucial historical past. Since properties which have flooded as soon as are prone to flood once more, this lack of transparency created vital monetary vulnerability for brand new householders, in response to Milliman.

Quantifying the Monetary Influence

To drive coverage change, NRDC wanted arduous knowledge quantifying the monetary dangers to homebuyers. They partnered with Milliman, the place Larry Baeder, a senior knowledge scientist, co-authored a examine titled, “Estimating undisclosed flood threat in actual property transactions.”

Utilizing disaster fashions, proprietary datasets, actual property transaction knowledge, historic flood occasions and demographic patterns, Baeder analyzed the affect in three states with low marks on NRDC’s Flood Threat Disclosure Legal guidelines Scorecard: North Carolina, New York and New Jersey.

The findings revealed staggering monetary disparities. In North Carolina, a house with out flood historical past would possibly face a median annual loss (AAL) of about $60. In distinction, a flood-prone property’s AAL jumped to roughly $1,200 — 20 occasions increased — and will exceed $2,000 based mostly on future flood projections. Over 15 years, beforehand flooded North Carolina properties would possibly require greater than $18,000 in repairs.

The numbers have been much more regarding within the Northeast. In New York, flood historical past might enhance a property’s AAL from about $100 to $3,000. A beforehand flooded New Jersey residence would possibly incur $25,000 in damages over a 15-year interval.

“These are large numbers, they usually’re a scary actuality that persons are going to need to cope with,” Baeder famous. “If a homebuyer is taking up this threat, they need to concentrate on the chance.” Milliman’s analysis additionally discovered that greater than 6% of all houses offered throughout these three states in 2021 had a report of flooding—with no requirement to warn new homeowners about this historical past.

Knowledge-Pushed Legislative Change

Armed with Milliman’s evaluation, NRDC approached lawmakers with compelling proof of the issue’s scale and affect.

“Earlier than the report, I feel legislators knew that folks struggled to rebuild after a flood,” Scata stated, “however I don’t suppose they realized simply how a lot it prices a house owner. These numbers helped lawmakers see this was a giant drawback, that their constituents have been struggling, and that they need to do one thing about it.”

The information-driven strategy proved efficient. In 2023, New Jersey started legally requiring sellers to reveal a property’s flood historical past. North Carolina and New York quickly adopted, with New York enacting disclosure necessities on the finish of 2023 and North Carolina amending necessary varieties in 2024.

The affect prolonged past these three states. 4 further states — Florida, Maine, New Hampshire and Vermont — independently adopted disclosure necessities in 2024 after recognizing the necessity demonstrated elsewhere.

“The legal guidelines present the facility of information,” Scata famous. “Having Milliman do that work was actually vital for displaying the precise impacts of flood harm on householders and effecting change by the legislatures.”

The momentum continues as Baeder now leads a follow-up examine for NRDC increasing the analysis to 25 further states with inadequate disclosure legal guidelines. Scata hopes to finally see robust disclosure necessities nationwide, offering all homebuyers and renters with perception into their flood threat.

“If we’re going to inform folks about lead-based paint,” Scata concludes, referring to different widespread actual property disclosures, “if we’re going to inform folks about asbestos, we should always most likely inform folks about flooding, as a result of flooding has such an affect on somebody’s funds and well being.”

View the Milliman report right here.



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