Ending Downstairs Enclosure Inspections in Ocean Reef

Communities across the Florida Keys are rallying together in hopes of ending FEMA’s inspections of the downstairs enclosures in their homes. A meeting is being held at the Ocean Reef Club’s &&&& at &&& on &&&&.

“I didn’t even know when I bought my home that there was anything illegal about it. Now the federal government has made me feel like a criminal and has caused me to lose half the value of my home,” said &&&& of Ocean Reef.

For the past decade, FEMA has used a “pilot” or “test” program to retroactively bring homes into compliance with federal floodplain regulations. The program was scheduled to end in 2011, however FEMA recently sent a letter to Monroe County officials once again extending the program until June 28th, 2013.

Attorney John November, along with a team of local citizens, have now dedicated themselves to ending FEMA’s downstairs enclosures policies for the Florida Keys. November believes that FEMA’s Downstairs Enclosure Pilot Program and the inspection of downstairs enclosures when a home is sold are unconstitutional. “These policies should be abolished and the foundation should be laid for consistent enforcement of federal floodplain regulations in communities across America,” November said.

November began the process of ending these programs when he drafted legislation and successfully lobbied to have a state law passed last year that makes it illegal in the state of Florida to require the inspection of downstairs enclosures triggered by a homeowner pulling a building permit. This law becomes effective on July 1st, 2012 and numerous contractors and citizens are primed to make the essential repairs and improvements they have been waiting for years to make.

Now November and the Key’s communities have targeted  the rest of this program (the inspection on sale & the inspection when you apply for flood insurance) and is using a comprehensive strategy to raise awareness and pursue action through the courts, the media, and in the halls of Washington to end these federal government regulations.

Ocean Reef Club resident %%%%% said, “I was forced to rip out my downstairs enclosure and it cost me&&&&. I full heartedly pledge to support the end of this program even though I have nothing to personally gain anymore.”

Presently in Ocean Reef a homeowner intending to sell an elevated structure, or acquire flood insurance for an elevated home, is required to first endure an inspection of the inside of the downstairs area of their home.

Un-incorporated Monroe County (including the Ocean Reef club) is the only NFIP community in the United States that is being forced by FEMA to endure invasive home inspections where FEMA demands that homeowners pay for the removal of entire levels of residents’ homes if they are deemed to be noncompliant.

Incorporated communities in Monroe County such as Key West, and other similarly situated coastal communities such as New Orleans are not subjected to this selective enforcement.

“It is the responsibility of our executive branch to clarify and re-interpret critical provisions of floodplain regulations to create consistency,” November said. The plan includes making it public whether our elected officials will take the position that they are in favor of remediating homes when they are out of compliance with floodplain management regulations. The plan includes providing an exit strategy for our top government leaders that will reduce federal financial exposure in the Florida Keys without requiring the destruction of homes. For example, it has been suggested by numerous members of the community that other approaches be taken such as paying more actuarially sound insurance rates for noncompliant structures and the securing of bonds to lessen federal financial exposure for debris removal after a storm.

November says, “The Pilot Program should be over. It is now our time to demand the end of selective enforcement in the Florida Keys.”