January 30, 2014

Gillibrand Announces Senate Passage of Bipartisan Flood Insurance Bill to Delay Rate Hikes, Provide Relief for Thousands of NY Homeowners

Senator Joined Bipartisan Group Last Month Urging Congress to Pass Flood Reform Bill

Washington, DC – U.S. Senator Kirsten Gillibrand announced that today, the U.S. Senate passed the bipartisan Homeowner Flood Insurance Affordability Act that she has co-sponsored to delay the most aggressive rate increases and fix major flaws in the Biggert-Waters Flood Insurance Reform law to make the National Flood Insurance Program affordable, accessible and self-sustainable. The bill now heads to the House for a vote.

Specifically, the Homeowner Flood Insurance Affordability Act would delay the most aggressive rate increases until FEMA addresses the affordability of flood insurance premiums for low-income and middle class families, and understands how rates will impact individual policyholders and the program at large.  It also requires FEMA to certify that their flood maps are accurate and ensures that local levees and other flood control structures are treated fairly in the mapping process.  Other provisions include reimbursement to qualifying homeowners for successful map appeals and the establishment of a Flood Insurance Advocate within FEMA to aid and assist policyholders. On the one-year anniversary of Superstorm Sandy, Senator Gillibrand took to the Senate floor pressing her colleagues to pass this bill and get relief into the hands of those who desperately need it.  

“This important, bipartisan bill would postpone the potentially disastrous flood insurance rate increases coming into effect as a result of the Biggert-Waters flood insurance reform law,” said U.S. Senator Kirsten Gillibrand. “Some homeowners – even as they rebuild – have started seeing rates increase. This could cause many New Yorkers to be forced out of the homes and communities they love. This bill would simply delay the premium increases set to go into effect until after FEMA has completed a study and provided Congress with a plan to make rates more affordable. Our families working so hard to rebuild deserve nothing less.” 

 

The Homeowner Flood Insurance Affordability Act would:

 

  • Delay implementation of dramatic flood insurance rate increases and protects NFIP policyholders who have no annual cap on their rate increases and have seen their property values plummet as a direct result of Biggert-Waters.  This includes all homes and businesses that were built to code and later remapped into a higher risk area and all properties that were built before flood maps were released which could see their rates skyrocket overnight when they try to sell their property.

 

  • Provide targeted rate relief to these policyholders until FEMA certifies that their maps are accurate and reliable, and Congress has an opportunity to review and take action on the draft affordability framework FEMA will develop using the findings of the study mandated by Biggert-Waters.

 

  • Provide funds to reimburse homeowners for successful map appeals: Allows FEMA to utilize NFIP to reimburse policyholders who successfully appeal a map determination.  FEMA currently has the authority to reimburse eligible expenses related to surveyors, engineers or similar services, but Congress has not appropriated funding for this account.

 

  • Eliminate penalties on communities self-financing flood protection: FEMA’s AR and A99 flood zone categories provide more affordable flood insurance to qualifying communities in the process of levee construction, reconstruction, and improvements.  Current regulations require a certain level of federal funding to qualify for either an A99 or an AR designation and prevent FEMA from giving communities fair credit for improvements made to existing flood control systems.  Proactive communities that are actively investing in mitigation should not be penalized for self-financing flood protection projects. 

 

  • Protect the basement exception that allows the lowest proofed opening in a home to be used for determining flood insurance rates.  This impacts 54 communities nation-wide where basements are necessary to protect homeowners and businesses from extreme weather.

 

  • Establish a Flood Insurance Rate Map Advocate within FEMA to answer current and prospective policyholder questions about the flood mapping process.  The Rate Map Advocate will be responsible for educating policyholders about their individual flood risks, assisting property owners through the map appeals process, and improve outreach and coordination with local officials and community leaders.

 

Senator Gillibrand’s amendment, passed as part of the Homeowner Flood Insurance Affordability Act, would help New York urban homeowners of buildings such as brownstones, brick buildings, and multi-family homes that are physically impossible to elevate to reduce their flood risk and lower their flood insurance rates. Currently, the only way to reduce flood insurance premiums for homeowners living in flood-prone areas is to elevate their homes. But for thousands of New York homeowners who cannot elevate their properties due to its inherent structure, there are no federal guidelines in place to prevent a costly increase in their flood insurance rates. Senator Gillibrand’s amendment under the bipartisan bill would require FEMA to develop new guidance specifically tailored to help these property owners mitigate future flood disasters, lower their flood risk, and ultimately lead to reduced insurance costs.