Currently, sellers in Pennsylvania must disclose, to the best of their knowledge, whether a property sits in a flood zone or has past or present flooding problems. The new law goes further, requiring sellers to reveal the number of times and estimated dates of any past flooding incidents, whether the home sits in a high- or moderate-risk flood zone designated by the Federal Emergency Management Agency, whether the buyer will be required to purchase flood insurance, whether the seller has received government assistance for flood damage, and whether they have filed a flood insurance claim.
The changes respond to the fact that standard homeowners insurance does not cover flood damage. Flood coverage must be bought separately, and only about 2 percent of insured homes in Pennsylvania have it.
Steven Koller, insurance research and policy engagement manager at the nonprofit Insurance for Good and a research fellow at Harvard University's Joint Center for Housing Studies, said the disclosure will help buyers budget. "A few inches of water on your first floor can be tens of thousands of dollars worth of damage," he said.
Mark Kibbe, who chairs the legislative committee of the Pennsylvania Association of Realtors, said most realtors already reveal flood risk using the association's property disclosure form, and the new law "fills in the gaps" for other real estate professionals and homeowners selling their own homes. He recalled selling a riverside home in Erie where some buyers were put off, while a couple who loved to kayak accepted the added cost.
Dakota Fisher, an advocate for climate adaptation and health at the Natural Resources Defense Council and a former FEMA employee, called disclosure responsible fiscal policy, saying informed buyers can elevate their homes or use water-resistant materials, protecting taxpayers from National Flood Insurance Program payouts.
The law does not cover renters. A bill by state Rep. Perry Warren, a Bucks County Democrat, that would require landlords to disclose flood history to tenants has not moved since it was referred to a House committee in July 2025.
The Pennsylvania State Real Estate Commission must update the property disclosure statement by summer 2028. Close to three quarters of US states now have some form of flood risk disclosure law, according to a 2025 analysis by the Natural Resources Defense Council.