The Washington Report

On May 7, 2026, the FEMA Review Council finalized its report recommending significant reforms to federal disaster assistance programs, including the National Flood Insurance Program (NFIP), and a rebalancing of responsibilities between federal, state, and local governments.

In joint comments, NAR and the National Association of Home Builders (NAHB) supported several report recommendations, raised concerns about others, and highlighted implications for federal disaster and housing policy.

Key Letter Takeaways

• Supports several recommendations to strengthen FEMA’s supporting role, including expediting mitigation funding, simplifying disaster aid programs, and modernizing the NFIP.
• Raises concerns with NFIP privatization and reducing federal disaster assistance through higher thresholds, narrowing individual assistance, and tying public assistance to parametric triggers rather than actual damage.
• Welcomes the opportunity to engage on additional topics, including a long-term NFIP reauthorization package and a continued federal role in long-term housing recovery.

Next Steps

The Council indicated that many recommendations would require legislation, while some could be implemented through rulemaking or executive order. The report lends support to several provisions included in the NAR-supported FEMA Act (H.R. 4669), which was passed by the House Transportation and Infrastructure Committee and awaits House floor consideration.

NAR will continue to advocate for federal disaster policies that reform FEMA and the NFIP while reinforcing the agency’s critical role in supporting state and community response, recovery, and long-term resilience following major disasters.

Read the joint comments.

The U.S. District Court for the Southern District of New York granted the National Association of REALTORS®’ (NAR) request to file an amicus brief in support of housing providers challenging New York’s Rent Stabilization Law (RSL). In its order, the court explained that, because no party objected and “amici’s perspectives may be useful to the Court’s consideration of this case,” the request to file the brief was granted. The court also permitted defendants to file responses to amicus briefs by June 29, 2026. 

As previously reported, NAR, joined by the New York State Association of REALTORS® (NYSAR) and a coalition of industry partners, supports housing providers who allege that the RSL’s restrictions on vacancy rent increases constitute an unconstitutional taking under the Fifth Amendment. Housing providers and amici argue that these restrictions make housing economically unviable, discouraging reinvestment, reducing available units, and exacerbating supply and affordability challenges. The brief also underscores the constitutional concerns raised when regulations deprive owners of the economically beneficial use of their property. 

The case remains pending, and NAR will continue to monitor developments and provide updates accordingly. 

The National Association of REALTORS® (NAR), alongside the National Association of Home Builders (NAHB), has secured an important win in its support of a legal challenge to U.S. Department of Energy (DOE) rules setting energy-efficiency standards for gas appliances. 

As previously reported, NAR and NAHB filed an amicus brief supporting a petition to the U.S. Supreme Court to address the legality of the DOE rules. The rules require efficiency levels that can only be met using newer condensing technology, which would effectively phase out widely used non-condensing gas furnaces and commercial water heaters. Because many existing homes and buildings are not designed for condensing systems, these requirements could force costly retrofits or limit replacement options, raising affordability concerns for consumers and increasing disclosure and liability risks for real estate professionals. 

The U.S. Supreme Court has granted the petition, vacated the lower court’s ruling, and remanded the case for further consideration, setting aside the prior decision and removing its legal effect. The Court took this step after the federal government argued that the ruling in favor of the DOES rules at issue was legally flawed. 

The case will now return to the U.S. Court of Appeals, which must reconsider the issues in light of the government’s position. At the same time, DOE is reviewing the rules and may pursue new rulemaking that better reflects consumer choice and practical realities for property owners.  

NAR will continue to monitor the case and any related rulemaking activity and will keep members informed of further developments.