NRDC Scorecard: More States Protect Homebuyers by Requiring Flood Disclosure

WASHINGTON - An updated scorecardreleased by Natural Resources Defense Council (NRDC) today finds that five states have enacted flood disclosure laws this year, joining five other states that have improved flood risk laws since the scorecard was first released in 2018. Weak or nonexistent flood disclosure laws leave homebuyers in many states without any right to know the flooding history of their new home. The ten states-Florida, Hawaii, Maine, New Hampshire, New Jersey, New York, North Carolina, South Carolina, Texas, and Vermont-join a growing chorus that recognizes the necessity of correcting the gross oversight that allows a seller to stay mum about whether a house has flooded in the past.

"Too many people are making the investment of a lifetime in states that won't require disclosure about whether their potential dream home has a history of flooding," said Joel Scata, senior attorney at NRDC. "That's why it's heartening to see that ten states have improved their policies in the past few years. However, it's vital that more states follow this trend and strengthen their flood disclosure policies for home buyers."

Homes that have flooded before are likely to flood again and a nationwide surveyfound seventy-four percent of respondents were in favor of a national standard requiring flood disclosure history for homes. Millions of Americansare estimated to live in high-risk flood zones, with many poor and disadvantaged communities in most peril. The climate crisis is increasing those risks for millions more.

Even among the states that have improved, many have a long way to go. Florida and New Hampshire, for example, scored an "F" before 2024, meaning they didn't have any statutory or regulatory requirements around flood disclosure. While their state legislatures have taken steps to rectify that problem, they are still only scoring a "D". Meanwhile, states like North Carolina made significant improvements, boosting their grade from a "D" to an "A".

"People should be empowered to make fully informed decisions when choosing to buy or rent a home, and transparency about flood risk can help make that a reality. Flooding is costly and states that allow sellers to withhold information about that risk from potential buyers are hurting their residents," said Scata.

This problem could be solved simply by giving home buyers and renters the right to information. Similar disclosures have been required for decades for asbestos and lead paint; ensuring information about flooding damages and risks is passed from owners to buyers or renters should be no different.

Here are this year's state grades:

• A: Louisiana, Mississippi, New Jersey, New York, North Carolina, Texas, Oklahoma, South Carolina
• B: Tennessee
• C: California, Colorado, Illinois, Indiana, Iowa, Kentucky, Maine, Michigan, Nebraska, Nevada, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Vermont, Washington
• D: Alaska, Connecticut, Delaware, Florida, Hawaii, Maryland, Minnesota, New Hampshire, Rhode Island, Wisconsin
• F: Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Massachusetts, Missouri, Montana, New Mexico, Utah, Virginia, West Virginia, Wyoming

Joel Scata has also published a blogoutlining some of the updates found on this year's scorecard of state flood disclosure laws.

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).

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