Mixing Houston, FEMA, Legal Counsel & Hurricane Harvey

In light of Hurricane Harvey’s recent destruction in the greater Houston area, researchers and scientists are asking, “Could anything have been done to better insure the people of Houston in the event of a hurricane or tropical storm.” The research points to a resounding yes! Studies show that only 25% of flood claims made in Houston during the last five tropical storms before Hurricane Harvey have been outlined by FEMA as potential flooding areas.

This means that 75% of flood claims that have been made during five separate tropical storms were considered by the federal government to be areas that were NOT at risk of flooding. For the sake of clarity, this means that for every person who received flood damage and was considered to live in a “potential flood zone,” there were three others who received flood damage who were considered to live “outside of the flood zone.”

Why FEMA’s Outdated Flood Map Caused Catastrophic Insurance Issues

When five tropical storms hit Houston within a 10-year period, and 75% of the population who were affected are considered to live in areas that are labeled as “not at-risk,” something is wrong. The problem with the flood map that FEMA has for Houston is that it is 75% inaccurate based on the claims that have been filed from 1999-2009. Researchers and scientists have shown that the map could have been much more accurate than it has historically been.

One of the main issues with the FEMA flood map is that the probability of flooding that will cause significant damage is considered to be on a “100 year event” scale. This means that, according to FEMA, the possibility of a flood taking place that will cause major flooding damage will only happen once within every 100 years, or has a 1% chance of occurring in any given year. However, even before Harvey there have been 5 floods that have caused significant damage to homes in only a 10-year span.

This means that FEMA’s guide to flood maps should show a drastic change in the probability of a flood striking homes in Houston.

One other item on the flood map that is incorrect is its’ prediction of where flood waters will disperse. When water flows, it flows in whatever way that objects in its path force it to go. The FEMA map claims that flood waters will end up traveling vertically up or down Houston’s channel. However, scientists have shown that due to Houston’s low-lying area, at particularly high flood waters, the flow of water can disperse to anywhere in the Houston area. The FEMA flood maps have been shown to be highly inaccurate, but why has nothing changed?

Flood Zones Knowingly Kept Inaccurate

When people live in areas that are more prone to natural disasters, the property values in that area will be significantly lower based on their inherent risks. Two houses that are relatively the same should cost relatively the same, but if one of the two houses is at risk of receiving unavoidable damage, its property is worth less. American institutions agree that higher risk should equal lower costs when it comes to property, but if a property is never labeled as “inherently at-risk”, than property values will not reflect such a change.

Shown in this blog post, there are Texans who are coming after local and federal government officials for turning a blind eye to the obvious changes that needed to be made to the flood map. It is believed that officials purposely looked over the flooding risks that Lake Conroe poses so that housing properties would not lower in value. County government officials win because cities with higher property values bring higher tax revenues.

So who loses? The people of Texas who bought a home at swollen property values and chose to forgo flood insurance based on inaccurate flood maps.  Labels and signifiers mean everything when it comes to insurance and being proactive against potential damage. If a family lives in an area that is considered to be at “low-risk” for flooding, why would they be inclined to shell out the money to buy flood insurance? Families were unaware of the inherent flood-risk that comes with living in the Houston area, and these families made wise decisions to pass on flood insurance based on half-truths and incongruences.

There Is Hope for Flood-Damaged Homes & Businesses

The people of Texas are filing Hurricane Harvey insurance claims for officials' role in flooding large communities by hiding the high plausibility of flooding and for not taking preventative measures. If you or a loved one were not aware of the risk of flooding that has severely altered your life, please contact Arnold & Itkin LLP. Our insurance claims lawyers are ready to answer any questions you may have concerning Hurricane Harvey and its effect on your lives.