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New Pennsylvania bill would force home sellers to reveal flood history

Lawmakers aim to improve buyer awareness and reduce risk in areas vulnerable to extreme weather

A flooded parking lot on the Reading Area Community College campus in 2021. Pennsylvania lawmakers are looking to pass new legislation related to flood zones in the state. (Getty Images)
A flooded parking lot on the Reading Area Community College campus in 2021. Pennsylvania lawmakers are looking to pass new legislation related to flood zones in the state. (Getty Images)

Homeowners selling their property in Pennsylvania would be required to disclose to buyers whether the home is in a flood zone, and therefore, they should consider purchasing additional insurance coverage under a proposed bill that state lawmakers recently passed.

House Bill 1704 made its way to the Pennsylvania Senate this week after the state's House of Representatives passed the measure unanimously last week. Gov. Josh Shapiro hasn't said whether he plans to sign the bill if it lands on his desk.

Perry Warren, a Democrat who represents Bucks County, introduced the bill in July. Aside from disclosing flood zone status, Warren's bill would also require sellers to inform buyers if the property has experienced any previous flood damage, whether the seller has received government assistance for flood damage, and whether the seller has ever filed a claim for their flood insurance. The bill would also direct Pennsylvania's insurance regulatory department to create and maintain a website that shows state flood zones as well as information on flood insurance options.

The flood disclosure bill passed the House because it's "a win for consumers, transparency and public safety," Warren said in a statement.

Warren represents a part of Pennsylvania, along the Delaware River, where homes are prone to flooding. Heavy rainfall often sweeps through the area in the spring and summer, causing the river to overflow and spill water into neighborhoods in Mercer County, New Jersey, and Bucks County, Pennsylvania.

In July 2023, for example, Bucks County experienced flash flooding that dumped up to 7 inches of rain in parts of the area — trapping cars, damaging roads, and killing two young children in Upper Makefield. Some residents of Bristol, Pennsylvania — also in Bucks County — had to evacuate their homes during a different flash flood incident in July 2021.

"Our riverside communities, as well as many other communities throughout Pennsylvania, have been awash during the extreme weather events of this century, and this legislation is another step toward mitigating the impact of flooding," Warren said in a statement.

To be sure, Pennsylvania isn't the first state with a law around flood zone disclosure. In neighboring New Jersey, home sellers are required to disclose under the state's Flood Risk Notification law of 2023. One state over in New York, lawmakers amended the state's Property Condition Disclosure Act last year to require sellers to disclose flood zone status.

Flood zone disclosure laws are not just concentrated in the Northeast. North Carolina, South Carolina and Texas all have their versions of disclosure requirements.

A serious threat that requires openness

Flood insurance is a separate — and sometimes optional — insurance policy that homeowners and renters can buy that will cover repairs if a home is damaged by a sudden surge in water from lakes, rivers or coastlines. Policies typically do not cover damage caused by sewer backups. In Pennsylvania, homeowners are not required to purchase flood insurance for their property.

The typical flood insurance premium nationwide is around $888 a year, or roughly $74 a month, according to a 2024 Federal Emergency Management Agency analysis. Allstate, Assurant and Liberty Mutual are among the top 10 insurers in the nation that provide flood coverage, according to industry group the Insurance Information Institute.

Warren crafted the Pennsylvania bill as part of a legislative task force he serves alongside other state lawmakers — including Democrat Sen. Steven Santarsiero, also of Bucks County, and Rep. Dave Zimmerman, a Republican in Lancaster County, who said the measure will keep home sellers honest.

"This legislation simply deals with the openness and transparency which homeowners and renters expect in the negotiating and property inspection process," Zimmerman said in a statement. "The risk of flooding is an issue we need to take more seriously, and ensuring an honest appraisal for the prospective buyer or renter is a must."

Writer
Khristopher J. Brooks

Khristopher J. Brooks is a staff writer for Homes.com, covering the U.S. and New York housing market from New York City. Brooks has been a reporter and writer for newsrooms across the nation, including stints in Nebraska, Florida, Virginia and Tennessee.

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