Sec. 403. Guidance on remediation and policyholder duties
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Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 401(a)(1), is amended by adding at the end the following: The Administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies— after a flood recedes; and in order to avoid damage to the property that is caused by mold, mildew, moisture, or water.
In developing guidance under paragraph (1), the Administrator shall consider— any applicable laws and regulations; the terms and conditions of the standard flood insurance policy; technical best practices; the costs of remediation in relation to the condition of a property described in that paragraph; and the actions that the Administrator may reasonably expect a policyholder described in that paragraph to take, given the likely challenges faced by the policyholder after a flood.
The Administrator shall— regularly review the guidance issued under paragraph (1); and revise the guidance issued under paragraph
(1)as the Administrator determines appropriate. The Administrator shall provide a copy of the guidance issued under paragraph
(1)to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title. . Not later than 1 year after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection
(e)of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as added by subsection
(a)of this section. Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by subsection (a), is amended by adding at the end the following: For purposes of determining whether damage caused by mold, mildew, moisture, or water to a property shall be excluded from coverage under the standard flood insurance policy— subject to paragraph (2), only the degree of damage caused by mold, mildew, moisture, or water that could have been avoided through inspection and maintenance may be excluded from that coverage; and the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property, including any failure by the policyholder to inspect and maintain the property after a flood recedes, if— the policyholder was denied access to the property after the flood receded because of— a lawful government order; a determination by local authorities that the property— is unsafe or unstable; or shall be condemned; or otherwise unsafe conditions; a reasonable individual exercising reasonable judgment could not be expected to inspect, maintain, or mitigate the damage to the property under the circumstances; or the policyholder faced particular challenges, including— practical or financial difficulty in inspecting or maintaining the property; the need to address other more immediate priorities, including— the health and well-being of the policyholder and the family of the policyholder; the preservation of basic items; displacement; and other issues that make inspection and maintenance of the property a near-term challenge for the policyholder; and the unavailability of contractors or other individuals to perform any required inspection and maintenance. .
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Sec. 403
Guidance on remediation and policyholder duties
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