42 USC 5154a - Prohibited flood disaster assistance

U.S Code last checked for updates: May 01, 2024

§ 5154a.

Prohibited flood disaster assistance

(a)

General prohibition

(b)

Transfer of property

(1)

Duty to notify

In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing of the requirements to—

(A)

obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so insured as of the date on which the property is transferred; and

(B)

maintain flood insurance in accordance with applicable Federal law with respect to such property.

Such written notification shall be contained in documents evidencing the transfer of ownership of the property.

(2)

Failure to notify

If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property—

(A)

the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the property,

(B)

the property is damaged by a flood disaster, and

(C)

Federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as a result of such damage,

the transferor shall be required to reimburse the Federal Government in an amount equal to the amount of the Federal disaster relief assistance provided with respect to the property.

(3)

Property described

(c)

Omitted

(d)

“Flood disaster area” defined

For purposes of this section, the term “flood disaster area” means an area with respect to which—

(1)

the Secretary of Agriculture finds, or has found, to have been substantially affected by a natural disaster in the United States pursuant to section 1961(a) of title 7; or

(2)

the President declares, or has declared, the existence of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as a result of flood conditions existing in or affecting that area.

(e)

Effective date

(Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108 Stat. 2286.)

cite as: 42 USC 5154a