NLIHC and DHRC Submit Comments on Proposed Repeal of HUD Federal Flood Risk Management Standard

By Sydney Phillips, NLIHC DHR Intern and Noah Patton, NLIHC Director of Disaster Recovery 

NLIHC and its Disaster Housing Recovery Coalition (DHRC) submitted comments on September 8 in response to a HUD proposal to remove regulations that mitigate the impacts of flooding disasters. The regulations, known as the “Federal Flood Risk Management Standard (FFRMS),” requires the use of climate-based science to identify future areas of flood risk when determining where HUD-assisted housing will be placed as well as requires updated building standards in areas that will be impacted by flooding in the future. NLIHC and the DHRC submitted comments in support of the FFRMS rule before it was established by HUD in April of 2024.  

The DHRC is an NLIHC-led coalition of over 900 local, state, and national organizations—many working on the ground in communities impacted by disasters—that work to ensure all disaster survivors receive the assistance they need to fully recover.  

Preventing the use of climate-science analysis of future flood risk will result in the placement of HUD-assisted housing in areas at risk of future flooding without the protections necessary to prevent damage. As a result, low-income households will continue to be placed in areas of increased disaster risk and experience the brunt of the future impacts of climate change-driven disasters. The frequency and intensity of flooding, tropical cyclones, and extreme precipitation events will continue to rise across the country due to the impact of climate change. The lowest-income households most acutely face these threats while receiving minimal assistance to recover. 

To justify the agency’s decision to remove the FFRMS, the agency pointed to increased construction costs associated with the heightened flood prevention standards required by the original rule. The proposed rule failed to also mention the exponential savings in repair, reconstruction, and flood insurance costs, which far outweigh the increased construction costs. The agency failed to produce any new data or analysis to back this decision. 

NLIHC's comments address the lack of strong evidence in support of the change and the general failures of the department to defend this proposed rule and the inadequacy of former safety standards in supporting families receiving HUD assistance and recognizing the disproportionate impacts these communities face in the aftermath of flooding and related natural disasters. It also calls for a return to 2024 final rules while ensuring that capital improvements and floodproofing do not displace current tenants, and that HUD continues its engagement with communities impacted by environmental justice issues, as required by the 2024 final rule.  

Speaking to the long-term risk of HUD's proposed rule, a segment of the comment reads, “…the continued placement of affordable housing in at-risk areas while failing to require that they be built to the standard necessary to prevent their eventual destruction will result in decreased affordable housing availability within these areas that need it the most.”  

Read the full comment.