Mandatory flood disclosures help communities prepare for increasing storms and disasters
Each year, communities face an increasing number of flood-related disasters, ranging from hurricanes to extreme rain to high tide in low-lying areas. Flooding is already the costliest disaster in the United States and with rising sea levels and worsening weather, it is essential that families and individuals understand the risks. Mandatory flood disclosure policies for homeowners, renters and mobile home residents help provide this transparency.
When purchasing or renting a new home, mandatory flood disclosure informs the prospective buyer or renter of that property’s flood risk. This allows individuals and families to make more informed decisions before disaster strikes, such as buying flood insurance, prioritizing home repairs and retrofits or looking for a house in a safer location.
Mandatory flood disclosure policies look different depending on where you live. Right now, 36 states currently have or are implementing active flood disclosure laws. Some states have very strong laws in place that protect buyers, renters and manufactured or mobile homeowners by ensuring information about a property’s flood zone, flood damage history and flood insurance status is accessible. Other states protect homebuyers but not renters or manufactured and mobile homeowners, and they may have only limited information available. Unfortunately, some states have no policies at all.
Environmental Defense Fund and partners are advocating for more and improved laws that will better protect residents against increasing flood impacts.
Take action to expand mandatory flood disclosure
Virginia, a state experiencing the fastest rate of relative sea level rise on the Atlantic coast and increasing tidal and rainfall-based flooding, has a limited disclosure requirement related to past flood damages. This information is difficult to access, even for property owners.
Legislation introduced in the General Assembly in 2024 would have brought Virginia’s flood disclosure up to gold standards for both buyers and renters as in other states like New York and New Jersey, but it did not pass. Now ahead of the 2025 legislative session, the Virginia Housing Commission is considering a new bill to advance flood disclosure policies, allowing lawmakers to empower their constituents to prepare for climate impacts.
Now is your chance to make a difference in Virginia! Join Environmental Defense Fund and partners in advocating for flood disclosure.
Recent success stories
New York
In 2023, New York State passed legislation that fixes a loophole which once allowed home sellers to avoid disclosing their flood history by paying a $500 credit to the buyer. The new law also requires disclosure of prior flood damage, flood insurance and future flood risks for a property to perspective buyers. The same protections were passed for renters in 2022.
Staff perspective
Impacts from Hurricanes Irene, Lee, Sandy, Ida and a multitude of unnamed regular storms have demonstrated that this knowledge is incredibly important. Disclosure helps residents act – retrofit, build better, purchase flood insurance or even evacuate ahead of a major storm.
Kate Boicourt
Director, Climate Resilient Coasts & Watersheds, NY-NJ
Florida
In May 2024, Florida enacted flood disclosure legislation that will be effective in October of this year. The new law will require sellers to disclose to buyers whether the seller has filed any insurance claims or received any federal assistance due to flooding on the property. Learn more about Florida's resilience efforts.
Staff perspective
Florida has demonstrated a strong commitment to fostering informed decision making by enabling homebuyers to access critical information about their flood risks. This transparency will help Florida homebuyers make choices that can protect themselves, their families and their property.
Rachel Rhode
Manager, Climate Resilient Coasts & Watersheds, Florida
Flood disclosure resources
- Blog post
Five reasons why mandatory flood disclosure in Florida would be a big win for realtors
- Blog post
4 ways to reduce disproportionate flood risk and build resilience for all communities
- Press release
New Florida Law Requires Mandatory Flood Disclosure, Helping Homebuyers Understand Their Risks
- Fact sheet
Enacting flood disclosure for resilient Florida homes
- Analysis
Unpriced climate risk and the potential consequences of overvaluation in US housing markets
- Press release
Waterfront Alliance: New York passes flood risk disclosure for homebuyers
- Article
NRDC: How states stack up on flood disclosure
Our experts
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Emily Steinhilber
Director, Climate Resilient Coasts and Watersheds, Virginia
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Kate Boicourt
Director, Climate Resilient Coasts and Watersheds
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Rachel Rhode
Manager, Climate Resilient Coasts & Watersheds