HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
Wire Brief
NEW YORK STATE SENATE EXAMINES RESIDENTIAL INSURANCE CRISIS AT JOINT HEARING
Three Senate committees convened November 18 for a wide-ranging hearing on the residential property insurance market, with Acting Superintendent of Financial Services Kaitlin Asrow providing the opening testimony on a crisis that has prompted constituent complaints across the state.
Asrow outlined a national market in turmoil: claims have increased 50 percent nationwide while claim severity has doubled, driving average homeowner premium increases of 24 percent from 2021 to 2024. She attributed the instability to climate change, inflation, rising repair costs, and social inflation, noting that New York faces particular vulnerability with 78 percent of its population in coastal areas.
However, Asrow emphasized that New York's regulatory framework has insulated consumers somewhat from the worst national trends. Rate increases in New York from 2021 to 2024 were about half the national average, and the state maintains non-renewal rates among the lowest in the country. Property values in New York have risen 3.8 percent over the past year, compared to 1.7 percent nationally, yet premiums remain below the national average.
The hearing, chaired by Sen. Brian Kavanagh, reflected months of investigative work by the Housing, Insurance, and Investigations committees. Sen. Jamaal Bailey, Insurance Committee chair, emphasized that rising costs are affecting quality of life, particularly for elderly homeowners on fixed incomes, and pressed Asrow on whether the state could mandate broader disclosure and availability of insurance discounts.
Asrow noted that approximately 98 percent of insurers surveyed are offering optional discounts for resiliency measures like storm shutters and shatterproof glass, which typically range from 3 to 6 percent. She indicated DFS is developing a summary of available discounts to help consumers.
Sen. Brian Kavanagh raised concerns about the use of proprietary climate modeling in rate-setting, questioning whether DFS has adequate oversight of sophisticated models insurers may be using. Asrow acknowledged the challenge of accessing proprietary models but indicated DFS would focus on governance structures around model use rather than unpacking the models themselves.
The hearing included testimony from 30 witnesses representing insurers, housing advocates, climate experts, and consumer groups. The committees plan to publish an investigative report with recommendations ahead of the 2026 legislative session.
NEW YORK STATE SENATE EXAMINES RESIDENTIAL INSURANCE MARKET AMID AFFORDABILITY CRISIS
The New York State Senate Housing, Construction and Community Development Committee held a joint public hearing on November 18 to examine the property and casualty insurance market for residential properties, with Acting Superintendent of Financial Services Asrow defending the department's rate-setting practices against skeptical questioning from multiple senators.
Sen. Skoufis presented a May 2024 New York Times analysis showing that New York insurers were profitable for 10 consecutive years—a stark contrast to other states. California, the nation's largest state, lost money in six of the prior 10 years, while many Midwest states experienced losses in four to six years. Skoufis pressed Asrow on whether rates are too high in New York and whether policyholders are subsidizing losses in other states. Asrow responded that New York's profitability is "about average" compared to other eastern seaboard and high-population states, and that DFS reviews rate filings to ensure expenses and projected losses are New York-exclusive.
Sen. Gounardes challenged the opacity of proprietary actuarial models, calling them a "black box" that invites "uncertainty and the opportunity to make things up." He questioned how DFS can adequately oversee rates without access to proprietary data, comparing the situation unfavorably to federal regulatory practice. Asrow clarified that DFS does see rate-setting formulas and factors but acknowledged caution about climate risk models that remain proprietary.
Sen. Kavanagh focused on liability insurance, noting that policyholders report premiums doubling and tripling without adequate explanation. Asrow acknowledged observing "social inflation" and higher jury awards driving liability increases. Kavanagh requested a list of current discounts available to consumers.
Sen. Bailey, representing the Bronx and Mount Vernon, raised concerns about historical red-lining and whether discount practices could perpetuate geographic discrimination. He asked whether DFS could help consumers determine adequate coverage and inquired about "geo-fencing"—more granular geographic rating below the borough level.
Asrow reported that DFS does not receive claims-level data and that community-level mitigation investments have not yet generated discounts because the department relies on historical loss data. He confirmed that Section 8 status is prohibited by statute as a rate-setting factor and outlined enforcement mechanisms.
Key figures cited: 3.4 million homeowners policies written in 2024; 1.1 million co-op and condo policies in 2022; approximately 1,100-1,200 carriers operating in New York; and 23 percent below-national-average premiums for homes with replacement cost under $400,000.
Sen. O'Mara, representing rural Finger Lakes and Southern Tier counties, focused on impacts to lower-income households and asked about crop loss insurance for farmers. Asrow said he would work with the senator on agricultural issues.
The hearing revealed significant tension between DFS's mandate to maintain market stability and carrier solvency versus legislative pressure to ensure affordability and transparency for consumers.
NEW YORK STATE SENATE EXAMINES RESIDENTIAL INSURANCE CRISIS AS INDUSTRY CITES CLIMATE RISK, LITIGATION COSTS
The New York State Senate Housing, Construction and Community Development Committee held a joint hearing on November 18 to examine the residential property and casualty insurance market, hearing testimony from the Department of Financial Services and major industry trade associations about rising costs, availability challenges, and potential legislative solutions.
Industry representatives presented data showing significant cost pressures: home prices up 58 percent over five years, rebuilding costs up 41 percent, and litigation costs 67 percent higher than the national average. The American Property Casualty Insurance Association reported that catastrophic weather events in New York increased tenfold from five years ago, with $31 billion in losses over the past five years, and warned that a major hurricane could cause over $100 billion in insured losses—wiping out 69 years of industry returns on net worth.
The National Association of Mutual Insurance Companies cited repair costs increasing 35-45 percent since 2019 and noted that New York ranks second nationally in tort costs per household at over $7,000, compared to a $4,000 national average. The industry also highlighted insurance fraud, with one witness citing $300 billion in annual fraud nationwide and litigation financing reaching $25 billion in 2025, projected to exceed $60 billion within a decade.
Senators pressed witnesses on apparent contradictions in the industry's position. Sen. Skoufis expressed difficulty reconciling claims of enormous climate risk and regulatory burdens with testimony that New York's insurance rates remain below the national average and increases are lower than nationwide. He questioned whether catastrophic event costs are baked into current rates and whether consumers would receive refunds if predicted disasters don't materialize.
Sen. Kavanagh explored potential policy solutions including applying Community Reinvestment Act-style obligations to insurers, creating state-backed reinsurance facilities, and expanding captive insurance options. He expressed skepticism about liability rate doubling, noting that high jury awards have existed for decades.
Sen. Bailey focused on fraud quantification, data-driven rate-setting practices, and how frequently rates are updated based on new information. He emphasized the hearing was not adversarial and called for finding middle ground between constituent needs and insurer solvency.
Department of Financial Services Superintendent Asrow committed to partnering with legislators on discount communication transparency and exploring potential regulatory models. He noted that file-and-use rate approval is currently "file and use in name only," as carriers have not moved without explicit DFS approval, and that reinsurance costs have doubled.
The hearing highlighted the complex tension between industry arguments for rate increases based on climate risk and litigation costs, and legislative concerns about affordability and market stability. Senators indicated ongoing focus on fraud prevention, building code improvements, litigation reform, and potential new regulatory approaches.
NEW YORK — Insurance industry representatives testified before the Senate Housing, Construction and Community Development Committee on Tuesday that litigation costs, fraud, and nuclear verdicts are driving up property insurance rates and threatening market stability in New York, but senators pressed for concrete evidence to support the claims.
Representatives from the American Property Casualty Insurance Association and the New York Insurance Association argued that New York's litigation environment is significantly worse than the national average, citing bodily injury claims at 6.6 times the national average and nuclear verdicts 67 percent higher than the nation. They estimated litigation costs at approximately $7,000 per household and pointed to New York City's reported $1 billion in annual litigation settlements.
However, Senators Skoufis and Kavanagh repeatedly challenged the testifiers to provide specific data on fraud prevalence in New York. When asked what percentage of claims are fraudulent, the industry representatives declined to provide estimates, with Erin Collins saying she feared she might "underestimate the amount." Sen. Kavanagh noted he has "not seen any evidence that legal system abuse or fraud are either pervasive or increasing in New York" despite numerous conversations with insurers and property owners.
The industry witnesses cited a $300 billion nationwide fraud estimate and referenced video evidence of staged accidents, but acknowledged that fraud is difficult to quantify and that the New York Department of Financial Services issues annual fraud reports. When pressed on what percentage of suspected fraudulent claims actually result in litigation and verdicts, the testifiers could not provide specific figures.
Sen. Skoufis highlighted a significant discrepancy in carrier numbers, noting that New York has approximately 200 property and casualty companies compared to only four writing new homeowners coverage in California's wildfire-prone areas—a 50-to-1 ratio he suggested indicates New York remains profitable for insurers. The industry countered that California's rate suppression led to carrier withdrawals and that New York's larger number of carriers reflects a healthier market.
The hearing also addressed flood insurance gaps, with Robert Gordon noting that only 3 percent of New York homeowners have flood insurance despite it being the most common peril and increasingly prevalent due to climate change and urban flooding. Sen. Fernandez raised concerns about coastal communities' difficulty obtaining flood insurance and questioned what the state could do beyond relying on the federal National Flood Insurance Program.
Industry witnesses recommended legislative reforms including making staged accidents a felony, imposing reasonable limits on non-economic damages, and regulating third-party litigation financing. They cited Florida's recent reforms, which resulted in only a 1 percent homeowners rate increase last year—the lowest in the nation.
Sen. Bailey cautioned against using the term "nuclear verdict" to imply excessiveness, noting it is merely a $10 million-plus threshold, and emphasized the need for concrete data on litigation costs to have a substantive policy conversation. The committee indicated it would request additional documentation from the industry on fraud statistics, litigation trends, and specific reform recommendations.
NEW YORK — A joint Senate committee hearing on residential property insurance revealed a deepening crisis in the affordable housing market, with testimony showing insurance premiums for existing affordable housing have increased an average of 25 percent annually, with some buildings experiencing 100 percent cost increases over four years.
Commissioner Ahmed Tigani of the NYC Department of Housing Preservation and Development warned that escalating insurance costs are threatening the viability of affordable housing preservation efforts. HPD, which oversees 43,000 households including 8,200 individuals using housing vouchers, reported that liability insurance has become the biggest cost driver, with wide variation in premiums even among similar buildings in the same loan program.
"Simply put, buildings cannot operate and we cannot create and preserve affordable housing if that housing is not insured," Tigani testified. "This steep and rapid cost escalation not only strains HPD's ability to build, renovate, and finance, it also places existing affordable housing under serious financial strain."
Representatives from the insurance industry outlined potential solutions including building code improvements, mitigation incentives, and fraud prosecution. Robert Gordon noted that a three-year prohibition on non-renewals creates a "friction point" in New York, preventing insurers from quickly repricing policies as inflation and climate losses mount. Cassandra Anderson reported that only five fortified roofs currently exist in New York State, despite evidence from other states that such improvements reduce costs.
Senators pressed witnesses on data gaps and inconsistencies. Sen. Kavanagh questioned why discounts for risk-reduction technologies like water sensors and fire detectors vary widely across insurers, and expressed concern that insurance industry representatives claimed not to assess whether policy changes affecting greenhouse gas emissions would increase future risk. "I think that strikes me as a policy that would constitute putting your head in the sand," he said.
Sen. Fernandez raised concerns about enforcement of anti-discrimination laws passed in the FY25 budget, asking whether any penalties have been imposed. Tigani acknowledged that insurance costs continue rising despite the legislation, and that discrimination against buildings with Section 8 tenants remains a concern.
The hearing, held by the committees on Housing, Construction and Community Development; Insurance; and Investigations and Government Operations, highlighted the need for a multipronged approach to address litigation costs, fraud, climate resilience, and regulatory barriers to solutions like captive insurance programs.
NEW YORK STATE SENATE EXAMINES RESIDENTIAL INSURANCE CRISIS, HEARS CONFLICTING TESTIMONY ON COST DRIVERS
The New York State Senate Housing, Construction and Community Development Committee held a joint public hearing on November 18 to examine the residential property and casualty insurance crisis, hearing testimony that revealed sharp disagreements over the causes of soaring premiums and the appropriate legislative remedies.
The hearing was prompted in part by a dramatic 500% insurance increase at Tracey Towers, a Mitchell-Lama affordable housing complex in the Bronx, which priced out residents from what is supposed to be an affordable housing beacon, according to committee chair Sen. Bailey.
Andrew Finkelstein, president of the New York State Trial Lawyers Association, testified that residential insurance is prohibitively expensive because "the system rewards delay, secrecy and profit sharing instead of protecting policyholders." He cited record industry profits—$88 billion in 2023 and $130 billion in net income in the first quarter of 2024, a 148% increase—and argued that insurers use "illusory insurance" policies that deny legitimate claims in practice.
Finkelstein advocated for three legislative solutions: sunshine laws requiring transparency and claim-level data disclosure; strong bad faith laws with enforcement teeth; and scrutiny of insurer fraud. He disputed industry claims about litigation costs, noting that "nuclear verdicts" don't impact insurers since they only pay policy limits, and estimated that less than 0.5% of claims are fraudulent. He also noted that only 0.5% of litigated cases actually go to verdict, with insurers settling 99% of litigated claims—a practice he attributed to a business model of "deny, delay, defend, defraud and disinform."
Sen. Skoufis expressed frustration with the lack of data provided by insurance industry trade associations in earlier testimony, noting they made assertions about exponentially increased litigation without supporting numbers. He pressed Finkelstein on whether bad faith laws in other states actually deter bad faith conduct, and Finkelstein testified they do.
Professor Robert Hartwig of the University of South Carolina, a former president of the Insurance Information Institute, offered a different perspective, attributing premium increases to four principal factors: inflation, demographics, climate risk, and legal system abuse. He documented that construction material costs rose 45% from January 2020 through mid-2025—nearly double the 24% Consumer Price Index increase—and that home values in New York State rose 94% over the past decade. He cited models suggesting a Category 3 hurricane in Queens could result in insured losses exceeding $100 billion.
Hartwig stated he has no data showing fraud is a significant cost driver in property insurance, though he documented extensive fraud in no-fault auto insurance. He noted that New York's property insurance market is relatively stable compared to Florida and California, with a non-renewal rate of 0.49% from 2018-2023, implying 99.5% of policies are renewed annually.
New York City Department of Housing Preservation and Development officials testified that they oversee approximately 43,000 federal housing vouchers, including 38,000 Section 8 housing choice vouchers, and are experiencing general difficulty accessing insurance at reasonable prices. Commissioner Ahmed Tigani said HPD is interested in collaborating with state partners on alternative insurance pathways and legislative solutions.
Sen. Bailey pressed witnesses on specific data and mechanisms, noting that attorneys face disbarment for filing fraudulent claims, which creates a strong disincentive for such conduct. He also sought to understand the mechanics of bad faith laws and whether tort reform would actually reduce insurance costs.
The hearing revealed a fundamental disagreement: trial lawyers and housing advocates argue that insurer practices—delay, denial, and secrecy—are the primary cost drivers and that transparency and bad faith laws are needed; while insurance economists argue that inflation, climate risk, and litigation costs are the main drivers. The committee indicated it will continue examining legislative solutions.
NEW YORK — A joint Senate hearing on residential property insurance revealed a market in crisis, with expert testimony highlighting litigation costs and social inflation as primary drivers of premium increases, while affordable housing providers warned of an existential threat to their sector.
Professor Hartwig, an insurance expert, testified that New York's residential market is performing better than major competitors like Florida and California, with a 99.5 percent renewal rate compared to Florida's 3 percent. However, he identified litigation and legal system abuse as significant cost drivers, particularly in commercial liability insurance, where insurers paid out $115 for every $100 earned in premiums in 2024.
Hartwig attributed much of the cost increase to "social inflation"—a societal shift toward viewing plaintiffs more sympathetically and increased propensity to sue, fueled by record spending on legal services advertising. He cited an $8 billion annual cost from social inflation in commercial auto insurance alone and estimated a "tort tax" of $7,000 per household in New York State.
Sen. Skoufis pressed Hartwig on whether the Department of Financial Services is approving excessive rates, questioning why insurers settle 99.5 percent of allegedly fraudulent claims rather than litigating them. Hartwig acknowledged fraud is pervasive but noted the high legal bar for proving fraud and the cost of prosecution.
The hearing's most urgent testimony came from Carlina Rivera, president and CEO of the New York State Association for Affordable Housing. She described an insurance crisis threatening the viability of affordable housing developments statewide. Kennedy Plaza Apartments in Utica saw premiums jump 44 percent—from $168,000 to $298,000—forcing the 292-unit complex to deplete reserves. A 2024 housing conference report showed per-unit premiums doubling from $869 to $1,770, with insurance now consuming up to 22 percent of monthly rent in some properties.
Rivera proposed six legislative initiatives, including a safe housing incentive program offering premium discounts, a state insurance investment program to reward insurers serving underserved communities, and an affordable housing reinsurance trust to share catastrophic losses. She also endorsed Sen. Kavanagh's bill requiring insurers to provide critical data to DFS and offer discounts for mitigation measures.
Wilson Kimball, representing public housing authorities, began testimony describing insurance costs as "crippling" the sector, though his full remarks were not completed during the hearing.
The hearing underscored a fundamental tension: while New York's residential market remains more stable than other states, the affordability crisis is forcing difficult choices for property owners and threatening the long-term viability of affordable housing.
NEW YORK STATE SENATE HEARING ON AFFORDABLE HOUSING INSURANCE CRISIS — Testifiers warned that skyrocketing property and casualty insurance costs are threatening the viability of affordable and supportive housing across New York, with some providers facing increases exceeding 40 percent and forced to make devastating operational choices.
Services for the UnderServed (S:US), a major nonprofit housing provider, reported insurance costs nearly tripled from under $6 million three years ago to over $16 million today—with lower coverage limits—leaving the organization with $4 million in unrecoverable costs that cannot be passed to extremely low-income tenants. Perry Perlmutter, S:US president and CEO, testified that insurers have withdrawn from the market, forcing providers to cobble together coverage from non-admitted carriers at inflated rates.
Wilson Kimball, executive director of the Yonkers Housing Authority and representative of the New York State Public Housing Authorities Directors Association, described a single development's insurance jumping from $800,000 to $1.2 million in one year, forcing the authority to defer critical maintenance—including a $30 million electrification project—and contemplate staffing cuts affecting 456 Teamsters.
Rebecca Zangen, chief policy officer of the Supportive Housing Network of New York, reported that as of May 2025, the state has 64,000 supportive housing units with 5,000 more under construction, but the insurance crisis threatens these investments. A 2021 network survey found average premium increases of 44 percent in a single year.
Testifiers proposed four main policy solutions: transparency requirements including annual reporting on insurance availability and pricing; a state-run excess liability insurance fund for affordable housing providers; support for nonprofit insurance pools and captives (with testifiers suggesting $25 million in state funding versus the current $5 million); and enforcement of New York's 2024 ban on discriminatory underwriting practices.
Sen. Bailey pressed testifiers for quantifiable data linking insurance costs to reduced affordable housing development, emphasizing the broader social impact when housing becomes unavailable. Sen. Skoufis questioned whether insurance carriers are settling meritless claims and explored why policyholders lack final say in settlement decisions—a practice he suggested may encourage frivolous litigation.
Sen. Kavanagh engaged substantively on specific mechanisms, asking about existing models for excess liability funds in other jurisdictions and whether risk mitigation investments are actually resulting in premium discounts. Testifiers acknowledged that despite installing cameras, fire suppression systems, and other safety measures, insurers often do not reward these investments with lower premiums.
The hearing, held by the Senate Housing, Construction and Community Development Committee on November 18, 2025, underscored that without legislative action, affordable housing providers may be forced to sell buildings, defer maintenance indefinitely, or cease operations—potentially reversing decades of state investment in supportive housing for vulnerable populations including people with serious mental illness, developmental disabilities, and formerly homeless individuals.
NEW YORK STATE SENATE EXAMINES RESIDENTIAL INSURANCE CRISIS THREATENING AFFORDABLE HOUSING
Property owners and housing advocates testified before a joint Senate committee hearing on November 18 that residential insurance costs have skyrocketed across New York, with increases of 100-200% in some cases, threatening the viability of rent-stabilized and affordable housing stock.
Kathleen Irwin of the New York Apartment Association presented survey data from over 60,000 units showing statewide insurance costs rose 113% in five years—from $703 per unit annually in 2020 to $1,501 in 2024. In the Bronx and northern Manhattan, increases reached 134%, with some buildings paying more than $3,300 per unit per year. She reported that 87% of owners have been forced to increase deductibles or cut coverage, and 74% of small owners experienced outright denial of coverage.
A particularly contentious issue emerged around insurance fraud. Irwin testified that 70% of property owners with video evidence disproving fraudulent slip-and-fall claims still saw their insurers settle the claims anyway. Sen. Skoufis pressed witnesses on this dynamic, arguing that insurers face little downside to settling—the costs get passed to property owners through higher premiums at renewal—while property owners absorb all the risk through claims history affecting future rates.
"There is very little downside for them. You absorb all that downside," Skoufis told the witnesses.
Tim Foley of the Building & Realty Institute of the Hudson Valley reported regional variations, with Rockland County experiencing a staggering 67.2% increase over two years. He cited data showing insuring an affordable apartment now costs $1,770, a 103% increase in four years.
Ann Korchak of Small Property Owners of New York described a personal crisis: her family's 10-unit building on the Upper West Side faced a 43% insurance increase, with liability costs up 95%. Umbrella coverage dropped from $100 million to $15 million, and she was forced to pay a three-year premium upfront because no other carriers would quote her.
Witnesses proposed four main solutions: state-backed reinsurance programs to stabilize premiums, tort reform to address fraudulent claims and allow property owners to recover attorney fees, longer-term insurance contracts to provide rate predictability, and expanded premium discounts for climate-resilient construction.
Sen. Kavanagh pressed witnesses for specific documentation of insurers refusing coverage based on rent-stabilized status, noting that the state had previously banned such discrimination. He questioned why the Apartment Association wasn't recommending stronger enforcement of existing anti-discrimination laws.
The hearing underscored the tension between property owners facing unsustainable costs and insurers citing legitimate risk factors including climate change, inflation, and what they characterize as a litigation environment favorable to plaintiffs. The committee indicated it would consider revised versions of transparency bills and explore reinsurance models used in other states.
NEW YORK STATE SENATE HEARING EXAMINES INSURANCE CRISIS DRIVEN BY CLIMATE CHANGE
Albany — The New York State Senate's joint committee on housing and community development held a hearing on November 18 to examine the residential property insurance crisis, with testimony focusing on climate change as the primary driver of rising premiums and insurer non-renewals.
Testimony revealed stark disparities in insurance costs across New York. Manhattan premiums have risen 134 percent, with some buildings paying more than $3,300 per apartment annually, according to Tim Foley of the New York Apartment Association. The state's insurer of last resort, the New York Property Insurance Underwriting Association, currently covers 22,000 homeowners representing $8 billion in property value.
Multiple witnesses warned that New York is vulnerable to a crisis similar to California and Florida. Dave Jones, former Insurance Commissioner of California, testified that U.S. home insurance premiums have risen 24 percent on average in the last three years. California's FAIR Plan is now raising rates by more than 35 percent on average policyholders following devastating wildfires.
Advocates testified in support of legislation to hold fossil fuel companies accountable for climate-driven insurance losses. Senate Bill 8585, sponsored by Sen. Kavanagh, would authorize the state Attorney General to sue major oil and gas companies to recover insurance losses from climate disasters. Iyla Shornstein of the Center for Climate Integrity argued that fossil fuel companies knew decades ago their products could cause catastrophic events but continued their business model unchanged.
Jones noted that insurers have successfully used subrogation claims in other contexts—health insurers recovered billions from opioid and tobacco companies, and property insurers recovered $11 billion of $12.6 billion in losses from the 2018 Camp Fire caused by Pacific Gas & Electric. Yet insurers have not pursued similar claims against fossil fuel companies.
Sen. Bailey pressed witnesses on geographic disparities in insurance availability, noting that Mount Vernon and Scarsdale have similar average median incomes but vastly different insurance costs. He called for state-level data collection to document neighborhood-level insurance discrimination.
Witnesses also emphasized the importance of requiring insurers to account for risk mitigation measures in their pricing models. Colorado recently became the first state to mandate this approach. Elizabeth Derbes of the Natural Resources Defense Council highlighted successful programs including Alabama's Strengthen Alabama Homes Program, which has retrofitted 17,000 homes, and noted that New York's 2022 Environmental Bond Act authorized $4.2 billion for climate resilience projects.
The hearing examined four bills: S-8585 (subrogation claims against fossil fuel companies), S-8583 and S-8583A (requiring insurers to account for mitigation in pricing models and data collection), and S-186A (requiring insurers to divest from fossil fuel investments).
NEW YORK STATE SENATE HEARING REVEALS INSURANCE CRISIS THREATENING AFFORDABLE HOUSING VIABILITY
The New York State Senate Housing, Construction and Community Development Committee held a joint public hearing on November 18, 2025, examining the property and casualty insurance market crisis for residential properties, with particular focus on the devastating impact on affordable housing across the state.
Testimony revealed a severe and accelerating crisis: insurance costs for affordable housing have skyrocketed 103-110% since 2017-2019, rising from approximately $500 per unit to $1,500 or more annually. According to Patrick Boyle of Enterprise Community Partners, 57% of the 428 affordable housing projects studied—representing 37,000 units statewide—are now running operating deficits, driven primarily by insurance cost escalation. Rachel Fee of the New York Housing Conference presented data showing that rising insurance costs have increased subsidy requirements by $10,700 per new construction unit and are deterring preservation of distressed buildings.
Emily Klein of the Community Preservation Corporation documented geographic disparities, noting that insurance costs for similar multifamily buildings in the Bronx average $200 per unit higher than other boroughs—a disparity that raised concerns from Sen. Bailey about potential discrimination in insurance pricing in communities with the lowest wages and highest poverty rates.
John Crotty, president of Milford Street Association Insurance Company, presented an insurance captive model designed specifically for affordable housing. He shared data showing New York City has over 50,000 pending slip-and-fall cases representing approximately $3.8-4 billion in liability exposure. Crotty stated the captive could save 15-20% upfront and potentially 50-60% overall, though he emphasized that comprehensive solutions are needed.
Witnesses called for a package of legislative and policy solutions including: improved data transparency on insurance rate drivers; tort reform measures including potential Scaffold Law carve-outs for affordable housing; disclosure requirements for Third Party Litigation Funding; risk mitigation incentives with premium credits; and exploration of a public insurance program modeled on the National Flood Insurance Program.
Sen. Skoufis pressed witnesses on why affordable housing operators lack awareness of available discounts and learned that the broker-of-record system limits shopping and transparency. He also requested written follow-up on specific statutory and regulatory barriers to creating additional insurance captives.
The hearing underscored that without intervention, the $100 billion-plus in city and state affordable housing investments over two decades could be jeopardized by unsustainable insurance costs that now account for 16% of total per-unit expenses.
NEW YORK — The New York State Senate Housing, Construction and Community Development Committee held a joint public hearing on November 18 examining the residential property insurance crisis, hearing testimony from affordable housing advocates, homeowner service organizations, and consumer protection groups about escalating premiums, non-renewals, and reduced coverage threatening housing stability across the state.
Testimony painted a dire picture of an insurance market in crisis. Rachel Fee of the Community Preservation Corporation reported that $148 of monthly rent for affordable housing tenants goes toward insurance costs, with insurance cost spikes adding approximately $11,000 per unit in capital subsidy over a four-year period. Emily Klein of CPC presented data showing insurance costs in rent-stabilized housing increased 60 percent from 2020 to 2024—the largest driver of expense increases—while repair and maintenance costs declined, suggesting building owners are deferring critical maintenance to offset insurance costs.
Mary Ann Rothman of the Council of New York Cooperatives and Condominiums reported that co-ops and condos housing 1.4 million New Yorkers have experienced annual insurance increases ranging from 15 to over 300 percent. She cited specific examples: a Bronx co-op with 141 units saw premiums jump 242 percent from $174,000 to $595,000 annually, costing each homeowner $2,985 more per year.
Kevin Wolfe of the Center for New York City Neighborhoods presented data showing that for every $100 increase in insurance premiums, homeowners become 5 percent more likely to experience mortgage delinquency. He noted that approximately 7 percent of New York homeowners carry no insurance at all, with roughly one-third living in majority Black zip codes, deepening racial disparities in homeowner stability.
Sara Enright of Consumer Reports presented the organization's Homeowners' Insurance Bill of Rights, developed with input from over 50,000 consumers nationwide. She reported that New Yorkers have faced average premium increases exceeding $1,000 since 2020 and that nearly half a million New Yorkers are completely uninsured.
Monroe Shannon of Neighborhood Housing Services of NYC testified that the organization has assisted dozens of homeowners this year with insurance crises, including cases where homeowners faced premium increases of $2,000 or more on fixed incomes.
John Crotty of the Community Preservation Corporation testified about the captive insurance model for affordable housing, stating bluntly: "Affordable housing on its current trajectory is over. Not hyperbole. Reality." He argued that without insurance market reform, the City and State of New York lack sufficient subsidy to address the crisis.
Sen. Bailey, representing majority Black homeowners in the northeast Bronx and Mount Vernon, asked pointed questions about whether rising insurance costs are driving reverse migration out of New York and threatening generational wealth preservation. Sen. Kavanagh engaged extensively with panelists about the captive insurance model and regulatory obstacles, signaling support for the Insurer Communities Act.
The hearing underscored that the insurance crisis threatens not only homeownership affordability but also the viability of the affordable housing stock and the ability of vulnerable populations to maintain stable housing.
NEW YORK SENATE COMMITTEE EXAMINES RESIDENTIAL INSURANCE CRISIS, HEARS INDUSTRY CALLS FOR REFORM
The New York State Senate's Housing, Construction and Community Development Committee held an extensive joint hearing on November 18 to examine the state's residential property and casualty insurance market, hearing testimony from industry representatives, advocates, and government officials about rising premiums, coverage gaps, and potential legislative solutions.
The final panel of industry witnesses—representing independent insurance agents, mortgage bankers, and insurance professionals—largely aligned on key problems facing the market while offering different perspectives on solutions. Travis Wattie of Big I New York, representing 1,500 member agencies and 13,000 employees, cited anecdotal evidence of fraud and improper claim settlements, and called for labor law reform, stronger disclosure requirements for third-party litigation funding, and additional resources for the Department of Financial Services. Bradford Lachut emphasized risk mitigation over compensation, noting that many insurers refuse to write homes with roofs over 20 years old, and advocated for incentivizing safer homes through existing state programs rather than mandates.
Joseph Culver of the New York Mortgage Bankers Association outlined short, medium, and long-term recommendations including state subsidies for low-income homeowners, state-backed reinsurance, and formalized building-level mitigation crediting. He noted the dramatic interest rate volatility affecting homeownership costs—from 18 percent in 1981 to 2.75 percent in 2021 to the current 6 percent range.
Sen. Kavanagh engaged skeptically with industry representatives about whether the free market alone would produce adequate incentives for risk mitigation. He pushed for formalized discount structures tied to resilience improvements, noting that the state is already spending at least $5 billion on coastal resiliency and will spend more on building improvements. "Shouldn't we be trying to create a structure where incentivizing the best practices and incentivizing all property owners to minimize the harm that we know is coming as extreme weather gets worse?" he asked.
Sen. Bailey, chairing the hearing, focused on consumer education, emphasizing that insurance and taxation are the two most misunderstood things in America. He sought input on how to improve public knowledge and encouraged agents to work with customers on available discounts and coverage options.
The hearing, which lasted several hours, reflected broader tensions in New York's insurance market: carriers citing climate risk, labor costs, and litigation expenses as drivers of rate increases; industry representatives calling for regulatory and statutory reforms; and legislators seeking to balance market stability with consumer protection and affordability. The committees indicated the hearing was one step in an ongoing process that began in August and will continue, with hopes of eventually producing a consensus report and legislative proposals.
Topic Summary
This joint hearing examined the residential property insurance market in New York, focusing on rising premiums, reduced coverage, non-renewals, and access issues affecting homeowners and affordable housing. Witnesses included state regulators, insurance industry representatives, housing advocates, climate experts, and consumer advocates. The hearing was part of a multi-month investigative process by the three committees to develop legislative and regulatory solutions.
Testimony (56)
Kaitlin Asrow
agency_official
informational
Acting Superintendent, New York State Department of Financial Services
Asrow provided an overview of national and state insurance market conditions, citing climate change, inflation, rising repair costs, and social inflation as primary drivers of premium increases. She highlighted that New York's regulatory framework has kept rates below the national average and non-renewal rates among the lowest in the country. She discussed DFS initiatives including climate risk guidance, discounts for storm mitigation measures, and exploration of catastrophic climate modeling for rate-setting.
Superintendent Asrow
agency_official
informational
New York Department of Financial Services
Acting Superintendent Asrow outlined DFS's rate-setting process, explaining that the department reviews carrier filings for actuarial soundness, fairness, and non-discriminatory practices. He noted that DFS does not receive claims-level data and that community-level mitigation investments have not yet shown up in rates due to reliance on historical loss data. He acknowledged observing social inflation and higher jury awards driving liability insurance increases. Asrow stated that New York's profitability is average compared to other eastern seaboard and high-population states, and emphasized the need to balance affordability with maintaining carrier solvency and market competition.
Superintendent Asrow
agency_official
informational
New York Department of Financial Services
Superintendent Asrow discussed DFS's regulatory approach to insurance rates, discount communication, and file-and-use practices. He explained that file-and-use is currently 'file and use in name only' as carriers have not moved without explicit DFS approval. He committed to partnering with legislators on understanding discount communication and exploring potential policy models like Community Reinvestment Act (CRA) requirements for insurers. He noted that reinsurance costs have doubled and that DFS reviews rate filings to ensure only New York-specific risk costs are included.
Robert Gordon
industry
supportive
American Property Casualty Insurance Association (APCIA)
Gordon testified that litigation costs in New York are significantly higher than the national average and growing. He cited bodily injury claims at 6.6 times the national average, nuclear verdicts 67 percent higher, and approximately $7,000 in costs per household. He referenced California's experience with rate suppression leading to carrier withdrawals and advocated for litigation reforms including making staged accidents a felony, reasonable limits on non-economic damages, and third-party litigation financing regulation.
Robert Gordon
industry
informational
Insurance industry association representative
Gordon outlined industry solutions to the insurance crisis, emphasizing resiliency through building codes, mitigation incentives (grants, loans, fee waivers, tax credits), infrastructure improvements, and risk disclosures. He explained the friction point created by a 3-year prohibition on non-renewals, which prevents insurers from quickly repricing policies as inflation and climate losses increase. He noted the U.S. is an outlier in litigation spending and stated individual insurers track defense cost and containment expense ratios.
Commissioner Ahmed Tigani
agency_official
informational
New York City Department of Housing Preservation and Development (HPD)
Commissioner Tigani testified about HPD's oversight of approximately 43,000 federal housing vouchers, including 38,000 Section 8 housing choice vouchers. He described HPD's proactive approach to monitoring property conditions and operating costs through their housing supervision team, and noted that HPD properties are experiencing general difficulty accessing insurance at reasonable prices, particularly in affordable housing stock. He emphasized HPD's interest in collaborating with state-level partners on alternative insurance pathways and legislative solutions.
Professor Hartwig
academic
informational
Insurance expert (academic)
Professor Hartwig provided expert testimony on the residential property insurance market, focusing on litigation and legal system abuse as drivers of cost increases. He discussed the distinction between homeowners liability coverage (which includes $100,000 in coverage) and commercial liability policies, noting that commercial policies face more significant cost pressures due to higher limits at stake. He emphasized that New York's residential market is performing better than other major states like Florida and California.
Wilson Kimball
agency_official
supportive
NYSPHADA (New York State Public Housing Authorities Directors Association); Executive Director, Yonkers Housing Authority
Kimball testified that public housing authorities are experiencing insurance cost increases of nearly 40 percent, with his Yonkers development seeing costs rise from $800,000 to $1.2 million in one year. He described insurance costs draining housing authority budgets and forcing difficult operational choices, including deferred maintenance and staffing cuts. He advocated for state policies to help housing authorities continue serving low-income families and highlighted the state's prior $75 million investment in upstate capital improvements.
Carlina Rivera
advocate
supportive
Not specified
Rivera discussed innovative approaches to insurance affordability, including a defensive driving-style incentive program that could reward tenants, property owners, or management companies for risk mitigation. She noted that insurance cost increases are invisible to consumers unlike gas or food prices, and referenced an anecdote from Utica where a property owner's snow plowing liability insurance increased because the block contained affordable housing, describing it as 'modern day red lining.'
Ann Korchak
public
neutral
Not specified
Korchak testified briefly regarding multiyear insurance policies and upfront payment requirements.
Iyla Shornstein
advocate
opposed
Shornstein addressed the question of why insurers have not brought claims against fossil fuel producers despite having precedent for suing responsible parties. She suggested the insurance industry's substantial financial investments in fossil fuels—over half a trillion dollars—may explain the lack of litigation, implying a conflict of interest.
John Crotty
advocate
supportive
Community Preservation Corporation (CPC)
Crotty testified about the captive insurance model for affordable housing, emphasizing that without insurance market reform, affordable housing is unsustainable. He discussed obstacles to expanding the captive model, including regulatory barriers at the state level and competitive pressure from other insurers discouraging participation. He argued that the City and State of New York have the authority to encourage captive participation but choose not to.
Kevin Wolfe
industry
informational
Unknown
Wolfe discussed grant distribution programs for homeowners in areas covered by his organization, noting that no catastrophic events had yet occurred in their service areas that would have triggered grant distribution opportunities.
Cassandra Anderson
industry
supportive
New York Insurance Association (NYIA)
Anderson, president of NYIA representing property and casualty insurers for 140+ years, testified that affordability cannot be achieved without availability. She identified multiple cost drivers including difficult litigation environment, pervasive fraud, extreme weather, aging infrastructure, and higher material costs. She proposed multifaceted solutions including building resilience, loss mitigation, modernizing regulatory environment, combating fraud, and addressing 'expansive and abusive litigation.' She warned against actions that would hinder the market further.
Erin Collins
industry
supportive
American Property Casualty Insurance Association (APCIA)
Collins testified that any rate filing with DFS must be actuarially accurate and forward-looking. She emphasized that insurers want to write insurance and expand coverage, but need resiliency and mitigation to reduce losses. She discussed the importance of risk-based pricing, education efforts with realtors and builders, and the role of the National Flood Insurance Program. She acknowledged that fraud estimates exceed $300 billion nationwide but declined to provide specific percentages for New York.
Cassandra Anderson
industry
informational
Insurance industry association representative
Anderson advocated for modernizing the regulatory environment and increasing DFS regulatory capacity. She emphasized loss mitigation efforts, third-party litigation funding transparency, and potential caps on non-economic damages and attorney fees. She noted there are currently only five fortified roofs in New York State and explained that discounts require actuarial significance. She stated insurers want flexibility to provide devices like water sensors to policyholders but currently must file with DFS to do so.
Deputy Commissioner Lucy Joffe
agency_official
informational
New York City Department of Housing Preservation and Development (HPD)
Deputy Commissioner Joffe testified that HPD is not an insurance expert but is observing unsustainable insurance cost patterns across its portfolio. She stated that HPD cannot explain why insurance increases are happening and deferred to other experts, but emphasized that the current situation is making it very difficult for HPD to do its job and is trickling down negative impacts to residents and occupants.
Carlina Rivera
advocate
opposed
New York State Association for Affordable Housing (NYSAFAH), President and CEO
Rivera testified on behalf of affordable housing providers across New York State, describing an insurance crisis threatening both new development and existing affordable housing stability. She provided a detailed case study of Kennedy Plaza Apartments in Utica, where premiums rose 44 percent from 2022-2023 to 2025-2026 ($168,000 to $298,000), forcing the property to draw down reserves. She cited data showing per-unit premiums doubling from $869 to $1,770 and insurance accounting for up to 22 percent of monthly rent. Rivera proposed six legislative initiatives to address the crisis.
Perry Perlmutter
advocate
supportive
Services for the UnderServed (S:US), President and CEO
Perlmutter testified that S:US insurance costs have skyrocketed from under $6 million three years ago to over $16 million today with lower liability limits. He described being forced to use non-admitted carriers and multiple insurers to meet lender requirements. He documented $4 million in unrecoverable insurance costs and warned that unaffordable insurance threatens the viability of supportive housing for vulnerable populations including people with serious mental illness, developmental disabilities, and formerly homeless individuals. He proposed four policy solutions: transparency requirements, a state-run excess liability fund, nonprofit insurance pools, and enforcement of antidiscrimination protections.
Wilson Kimball
agency_official
informational
NYSPHADA (New York State Public Housing Authority Directors Association)
Kimball discussed the HAI Group (Housing Authority Insurance Group) captive insurance mechanism based in Connecticut that insures affordable housing nationwide. He explained that HAI incentivizes risk reduction through mandatory online 'Know Before' training programs covering fire prevention and other safety topics, and provides incentives for properties with no slip-and-fall claims. He noted that HAI does not insure high-rise buildings and that some RAD (Rental Assistance Demonstration) deals require additional insurance through other captives.
Tim Foley
industry
supportive
New York Apartment Association
Foley testified about insurance premium increases in New York City, particularly in the Bronx and Manhattan, and discussed geographic disparities in insurance availability. He noted that insurers are experiencing 'flight from affordability' and that data collection on neighborhood-level insurance patterns is limited. He suggested state-level data collection through DFS could help identify geographic trends.
Elizabeth Derbes
informational
neutral
Derbes discussed Florida's My Safe Home program, enacted by the Florida State legislature, which requires insurance companies operating in Florida to offer policyholders discounts on wind insurance rates if they upgrade their homes to specified standards.
Rachel Fee
advocate
supportive
Community Preservation Corporation (CPC)
Fee presented data on insurance costs in affordable housing, showing that $148 per month of rent for affordable housing tenants goes toward insurance. She cited estimates that insurance cost spikes have added approximately $11,000 per unit in capital subsidy over a four-year period, reducing the number of affordable units the city can build annually.
Sara Enright
advocate
supportive
Unknown
Enright presented a Bill of Rights framework for property owners and expressed willingness to work with the legislature on structuring regulatory obligations or statutory protections for homeowners' insurance rights.
Robert Gordon
industry
supportive
American Property Casualty Insurance Association (APCIA)
Gordon, Senior Vice President of APCIA representing about two-thirds of the home, auto and business insurance industry (581 insurers in New York), presented data on housing affordability pressures and catastrophic weather risk escalation. He cited that New York home prices increased 58% over 5 years, utility rates up 41%, property taxes median $6,000, and rebuilding costs up 41%. He emphasized that catastrophic weather events in New York increased tenfold from 5 years ago, with $31 billion in losses in the last 5 years. He expressed concerns about Senate Bill 8583 and called for litigation reforms and fully staffed DFS.
Cassandra Anderson
industry
supportive
New York Insurance Association
Anderson testified about fraud and litigation issues, citing video evidence of staged accidents and construction site accidents. She noted that New York City reports over $1 billion in litigation costs annually and that the judicial process is lengthy due to court delays. She discussed the role of third-party litigation funding in driving verdicts and acknowledged that fraud is difficult to identify and quantify. She referenced the National Insurance Crime Bureau and DFS fraud reports as sources.
Erin Collins
industry
informational
Insurance industry association representative
Collins distinguished between civil liability findings and fraud findings, advocating for incentivizing law enforcement to investigate and prosecute insurance fraud. She noted states with higher conviction rates for insurance fraud have seen loss curves bend down. When pressed on climate change, she stated the industry's area of expertise is response to extreme weather, not causation, though ultimately acknowledged the industry assesses human-driven greenhouse gas increases as a factor affecting future risk.
Andrew Finkelstein
advocate
opposed
New York State Trial Lawyers Association (NYSTLA)
Finkelstein testified that residential insurance is prohibitively expensive due to a system that rewards delay, secrecy, and profit-sharing rather than protecting policyholders. He cited record industry profits ($88 billion in 2023, $130 billion net income in Q1 2024) and argued that insurers use 'illusory insurance' policies that deny claims in practice. He advocated for three solutions: sunshine laws requiring transparency, strong bad faith laws with enforcement teeth, and confronting insurer fraud. He disputed industry claims about litigation costs, arguing that 'nuclear verdicts' don't impact insurers since they only pay policy limits, and that less than 0.5% of claims are fraudulent.
Wilson Kimball
advocate
opposed
Public Housing Authority Directors Association, Executive Director
Kimball began testimony raising alarm about escalating insurance costs for public housing authorities across New York State, describing it as a major issue crippling the sector. His full testimony was not completed in the provided transcript.
Rebecca Zangen
advocate
supportive
Supportive Housing Network of New York, Chief Policy Officer
Zangen testified on behalf of a membership organization representing 200 nonprofits developing, owning and operating supportive housing statewide. She documented that as of May 2025, there were 64,000 units of supportive housing across New York with nearly 5,000 additional under construction. She noted a 2021 survey found average 44 percent premium increases in one year and warned that unexpected insurance cost increases pull resources from vital services. She recommended five categories of action: improving transparency and data access, funding risk mitigation upgrades, addressing New York's liability environment through a Scaffold Law pilot, providing short-term relief and long-term risk sharing, and enforcing antidiscrimination protections.
Kathleen Irwin
advocate
opposed
New York Apartment Association
Irwin presented survey data from over 60,000 units of rent-stabilized housing showing insurance costs rose 113% citywide from 2020-2024 ($703 to $1,501 per unit annually), with Bronx and northern Manhattan increases of 134%. She documented that 87% of owners increased deductibles or cut coverage, 74% of small owners and all large portfolio owners experienced coverage denials, and 70% of owners with video evidence of fraudulent slip-and-fall claims still saw insurers settle. She urged state-backed reinsurance and tort reform.
Superintendent Asrow
agency_official
informational
New York Department of Financial Services
Asrow provided brief testimony confirming anecdotal evidence that insurers are withdrawing from certain neighborhoods at higher rates than others.
Patrick Boyle
advocate
supportive
Enterprise Community Partners, Senior Director Policy Communications
Boyle testified on behalf of Enterprise Community Partners about the multifamily insurance crisis in affordable housing. He presented data from a report analyzing 428 affordable housing projects with 37,000 units statewide, showing insurance costs have risen 110% since 2017. He noted that 57% of affordable housing projects studied are running operating deficits, driven largely by insurance cost escalation. Boyle called for a package of solutions including improved data transparency, reduced liability cost drivers, increased insurance market participation in low-income communities, and funding for risk mitigation measures.
Emily Klein
advocate
supportive
Community Preservation Corporation (CPC)
Klein presented data from CPC's analysis of rent-stabilized housing expenses, showing that insurance costs increased 60 percent from 2020 to 2024, the largest driver of expense increases. She noted that repair and maintenance is the only expense line that has decreased, suggesting building owners are deferring maintenance to offset insurance costs, which degrades housing quality.
Travis Wattie
industry
supportive
Big I New York (Independent Insurance Agents and Brokers Association)
Wattie, representing 1,500 member agencies and 13,000+ employees, testified about marketplace challenges including difficulty finding coverage and affordability issues. He highlighted anecdotal evidence of fraud and improper claim settlements, advocated for labor law reform, Third Party Litigation Funding (TPLF) disclosure requirements, and support for DFS resources. He emphasized the role of insurance agents in helping customers understand coverage options and discounts.
Erin Collins
industry
supportive
National Association of Mutual Insurance Companies (NAMIC)
Collins, representing NAMIC's 1,300+ member companies, identified four key pressure areas on the P&C market: extreme weather, economic factors (inflation), legal system abuse, and regulatory friction. She noted that repair costs have increased 35-45% since 2019, meaning a $300,000 house in 2019 would cost over $400,000 to replace. She highlighted that New York ranks second in total tort cost per household at over $7,000 versus national average of $4,000. She cited litigation financing reaching $25 billion in 2025 and projected to exceed $60 billion in the next decade. She advocated for fraud prevention, building code strengthening, and law enforcement prosecution of fraud.
Commissioner Ahmed Tigani
agency_official
opposed
Acting Commissioner, NYC Department of Housing Preservation and Development
Tigani testified that HPD is experiencing severe insurance cost escalation threatening affordable housing preservation. He reported recent average annual increases around 25 percent for existing affordable housing and 100 percent over a four-year period, with liability insurance being the biggest challenge. He noted insurance costs are uneven across the market and that HPD oversees 43,000 households and nearly 8,200 individuals using housing vouchers. He discussed mitigation efforts including climate-resilient design, captive insurance exploration, and federal funding for technical assistance on eight or nine Mitchell-Lama campuses.
Professor Robert Hartwig
academic
neutral
University of South Carolina, Department of Risk Management Insurance and Finance; formerly President and Economist, Insurance Information Institute
Professor Hartwig testified on four principal cost drivers for residential property insurance: inflation, demographics, climate risk, and legal system abuse. He documented that construction material costs rose 45% from January 2020 through mid-2025 (nearly double the 24% CPI increase), residential construction trade services rose 42%, and home values in New York State rose 94% over the past decade. He noted that tariffs add approximately $11,000 to new home costs. On climate risk, he cited models suggesting a Category 3 hurricane in Queens could result in insured losses exceeding $100 billion. He highlighted that New York's residual market is relatively stable compared to Florida and California, with non-renewal rates averaging 0.49% from 2018-2023 (implying 99.5% renewal rate). He stated he has no data showing fraud is a significant cost driver in property insurance, though he documented extensive fraud in no-fault auto insurance.
Carlina Rivera
advocate
supportive
NYSAFAH (New York State Association for Affordable Housing)
Rivera testified about the statewide impact of insurance costs on affordable housing development across New York, noting she has visited multiple cities experiencing the same crisis. She referenced a chart in her written testimony showing how insurance costs impact operational budgets (Kennedy Plaza in Utica example). She advocated for the Safe Housing Incentive Program offering insurance premium discounts for tenant education on fire safety, water damage prevention, and responsible appliance use. She supported the Scaffold Law pilot carve-out for affordable housing and emphasized the need for transparency and data collection.
Tim Foley
advocate
opposed
Building & Realty Institute of the Hudson Valley (BRI)
Foley reported double-digit renewal increases over two years with some umbrella liability policies reaching 100-200% increases. He cited data showing Westchester rent-stabilized properties up 22.5%, Nassau up 25.1%, and Rockland up 67.2% over two years. He noted the New York Housing Conference found insuring an affordable apartment costs $1,770 (103% increase in 4 years) and Enterprise Community Partners reported 110% increases since 2017. He proposed state-backed reinsurance, longer-term contracts, climate resilience discounts, and increased transparency.
Iyla Shornstein
advocate
supportive
Center for Climate Integrity, Political Director
Shornstein testified that climate change is the primary driver of the insurance crisis and advocated for holding fossil fuel companies accountable. She supported Senate Bill 8585, which would allow the Attorney General to sue major oil and gas companies to recover costs from climate-driven disasters. She highlighted that the New York Property Insurance Underwriting Association covers over 22,000 homeowners representing almost $8 billion in property, and warned that the state is one major hurricane away from a California or Florida-level crisis.
Rachel Fee
advocate
supportive
New York Housing Conference, Executive Director
Fee testified that approximately half of affordable housing buildings in New York City are experiencing operating deficits where rents do not cover expenses including insurance. She presented data from a 2024 policy brief examining 130,000 units of affordable and mixed-income housing, showing premiums increased 103% between 2019 and 2023. She noted that rising insurance costs increase subsidy requirements by $10,700 per unit for new construction and are deterring preservation of distressed buildings. Fee advocated for a package of solutions including an affordable housing relief fund, transparency measures, Scaffold Law exemptions, tort reform, and public investment in insurance captives.
Patrick Boyle
advocate
supportive
Community Preservation Corporation (CPC)
Boyle agreed with the testimony of his colleagues and warned that if the insurance problem persists, distress indicators in affordable housing will grow, leading to larger bailout requests and capital preservation needs rather than new construction.
Bradford Lachut
industry
supportive
Unknown
Lachut emphasized risk mitigation and protection over compensation, noting that many New Yorkers face skyrocketing premiums and shrinking coverage. He highlighted that insurers are reluctant to write homes with roofs over 20 years old and advocated for incentivizing safer homes through existing state programs rather than mandating coverage, which could increase premiums and reduce participation.
Deputy Commissioner Lucy Joffe
agency_official
opposed
Deputy Commissioner for Policy and Strategy, NYC Department of Housing Preservation and Development
Joffe supplemented Tigani's testimony on discrimination impacts and enforcement of anti-discrimination laws. She noted that behavioral change from law passage can occur before formal enforcement, and that a multipronged approach is needed to address the various factors driving insurance costs. She confirmed HPD has not made recent changes to insurance requirements that could be traced as a general cause of cost increases.
Ann Korchak
advocate
opposed
Small Property Owners of New York (SPONY)
Korchak reported SPONY survey data showing insurance costs increasing 37% for small buildings under 11 units. She shared her family's experience with a 10-unit building on the Upper West Side facing 43% total insurance increase, with liability costs up 95% (from $56 to over $1,000 per unit). She described coverage dropping from $100 million to $15 million umbrella liability and deductibles doubling. She highlighted cash flow crises, denied renewals for using covered claims, and recommended fraud prevention enforcement and improved city sewer maintenance.
Elizabeth Derbes
advocate
supportive
Natural Resources Defense Council, Director Financial Regulation & Climate Risk
Derbes testified on the importance of risk reduction and hazard mitigation to stabilize insurance markets. She discussed how property insurance unavailability can cascade into mortgage unavailability and broader economic consequences. She highlighted successful state programs including Alabama's Strengthen Alabama Homes Program (17,000 homes retrofitted), Florida's My Safe Home Program, and California's Safe from Wildfires Initiative. She noted New York's Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 authorized $4.2 billion for climate resilience projects.
Emily Klein
advocate
supportive
Community Preservation Corporation, Assistant Vice President and Deputy Director for Policy and Public Affairs
Klein testified that CPC, a 51-year-old non-profit that has invested over $16 billion to finance 275,000 units of housing, has documented severe insurance cost escalation through its annual borrower expense surveys. She presented data showing insurance costs for rent-stabilized units in NYC rose 61% cumulatively since 2020, reaching $1,636 per unit in 2024, with a 23% jump from 2022-2023. She noted the Bronx experiences premiums $200 higher per unit than other boroughs. Klein recommended four solutions: rewarding risk mitigation with premium relief, requiring disclosure of Third Party Litigation Funding, creating a Scaffold Law carve-out for affordable housing, and exploring a public insurance program.
Mary Ann Rothman
advocate
opposed
Council of New York Cooperatives and Condominiums (CNYC)
Rothman testified on behalf of CNYC about the insurance crisis affecting co-ops and condominiums. She reported that co-ops and condos have experienced annual insurance increases ranging from 15 to over 300 percent, along with non-renewals and reduced coverage. She provided specific examples of premium increases and noted that 750,000 co-op and condo apartments house 1.4 million New Yorkers.
Joseph Culver
industry
supportive
New York Mortgage Bankers Association
Culver, Executive Director and COO of the New York Mortgage Bankers Association and 45-year veteran of residential mortgage banking, discussed market dynamics including interest rate volatility (from 18% in 1981 to 2.75% in 2021 to 6% currently). He outlined short, medium, and long-term recommendations including state subsidies/vouchers for low-income homeowners, state-backed reinsurance, parametric reinsurance options, building-level mitigation crediting, and resilience standards for new construction.
Jordan Haedtler
advocate
supportive
Climate Cabinet Action, Climate Financial Strategist
Haedtler testified remotely on nine recommendations for state policymakers to integrate climate risk into insurance regulation. He highlighted that Colorado became the first state to require insurers to factor community and household mitigation measures into insurance modeling. He noted that data showed a 50 percent increase in residual policies nationally from 2018-2022, but New York's PIUA enrollment declined. He cited that surplus line growth nearly doubled between 2018-2022 and New York ranks in the top four states for surplus line growth. He supported S-8583 for data collection and increasing public appointees on the NYPIUA board.
John Crotty
industry
supportive
Milford Street Association Insurance Company, President
Crotty testified about the creation of Milford Street Association, an insurance captive designed to address the insurance crisis in affordable housing. He presented data showing insurance costs have increased from approximately $500 per unit to $1,500+ per unit, representing a 21% annual increase compared to the Rent Guidelines Board's 3% annual expense growth assumption. Crotty shared analysis using AI to aggregate New York State claims data, estimating at least $4 billion in liability exposure using a $50,000 per case estimate. He stated the captive could save 15-20% upfront and potentially 50-60% overall. Crotty emphasized the need for comprehensive tort reform, addressing Third Party Litigation Funding, and removing statutory and regulatory barriers.
Monroe Shannon
advocate
supportive
Neighborhood Housing Services of New York City (NHS NYC)
Shannon testified on behalf of NHS NYC about insurance challenges facing low and moderate income homeowners. He reported that NHS reaches more than 50,000 people annually and has assisted dozens of homeowners this year with insurance problems including sharp premium increases, non-renewals, and difficulty finding coverage for older homes. He provided two case examples and urged support for homeowner repair assistance, stronger consumer protections, and funding for non-profit homeowner services.
Dave Jones
academic
supportive
Center for Law, Energy & Environment at University of California, Berkeley School of Law; former Insurance Commissioner of California
Jones testified remotely that climate change is increasing insurance losses and driving rate increases and non-renewals. He advocated for holding fossil fuel companies accountable through subrogation claims and supporting S-8585 and S-8583A. He noted that U.S. home insurance premiums rose 24 percent on average in the last 3 years. He cited the 2018 California Camp Fire where subrogation claims recovered $11 billion of the $12.6 billion paid by insurers. He emphasized that insurers must account for mitigation measures in their pricing and underwriting models, citing Colorado's recent legislation as a model.
Sara Enright
advocate
supportive
Consumer Reports
Enright testified on behalf of Consumer Reports about the homeowners insurance crisis and presented the organization's Homeowners' Insurance Bill of Rights. She reported that Consumer Reports collected nearly 600 consumer stories following Hurricane Helene and has engaged over 50,000 consumers nationwide. She noted that New Yorkers have faced average premium increases of over $1,000 since 2020 and that nearly half a million New Yorkers are completely uninsured.
Kevin Wolfe
advocate
supportive
Center for New York City Neighborhoods
Wolfe testified about the impact of rising insurance premiums on homeownership stability and presented data on climate-driven foreclosure risk. He noted that the Homeowner Protection Program has assisted over 380,000 homeowners and preserved $10 billion in equity. He discussed the Flood Recovery Fund pilot using parametric insurance and commended the legislature for the $50 million climate resilient retrofit program. He urged prioritization of transparency, data collection, and resilience investments.
Senator Engagement (50)
| Senator | Engagement | Stance | Focus Areas | Summary |
|---|---|---|---|---|
| Sen. Bailey | high | supportive | Primary market problems and challenges DFS staffing challenges and agency capacity Legislative solutions and affordability measures Mandatory vs. voluntary discount offerings Solvency of homeowners vs. insurers | Sen. Bailey emphasized that rising insurance costs are a constituent concern affecting quality of life, particularly for elderly homeowners. He sought to understand the agency's top priorities and pressed for stronger measures to ensure discounts are widely advertised and potentially mandated, while balancing insurer solvency. |
| Sen. Bailey | high | skeptical | discrimination in insurance subsidized and multi-unit housing coverage uniform discount application red-lining concerns in the Bronx adequate coverage determination geo-fencing and granular geographic rating | Sen. Bailey, representing the Bronx and Mount Vernon, focused on historical red-lining and ensuring equal discount access across neighborhoods. He questioned whether discounts are applied uniformly and expressed concern that housing stock differences by area could perpetuate discrimination. He asked about DFS's role in helping consumers determine adequate coverage and inquired about geo-fencing practices for more granular risk assessment. |
| Sen. Bailey | high | neutral | Fraud impact on premiums and specific percentages Staged construction accidents and felony legislation Data granularity in rate-setting (zip code vs. borough vs. section) Crime data and crime statistics in rate-setting Frequency of rate updates based on new data Litigation cost data sources Reconciling industry profitability with constituent complaints | Sen. Bailey asked detailed, technical questions about fraud quantification, data-driven rate-setting practices, and how frequently rates are updated. He emphasized that the hearing is not adversarial and expressed desire to find middle ground between constituent needs and insurer solvency. He requested future testimony from individual member companies. |
| Sen. Bailey | moderate | neutral | Definition and nomenclature of nuclear verdicts Distinction between excessive verdicts and reasonable verdicts Jury behavior and societal factors Balance between litigation costs and fair representation | Sen. Bailey sought clarification that 'nuclear verdict' is a dollar threshold ($10 million+) rather than a measure of excessiveness, cautioning against painting with a broad brush. He expressed support for fair representation and concern about pro se litigants, while acknowledging the need for concrete data on litigation costs to have a substantive conversation. |
| Sen. Bailey | high | supportive | Solutions to insurance crisis Mitigation incentives Non-renewal prohibition timeline Consumer awareness and discounts Fraud prosecution | Sen. Bailey chaired the hearing and focused on actionable solutions. He expressed support for holding bad actors accountable while opposing incarceration as a societal solution. He emphasized the need for consumer awareness about available discounts and urged insurers to better communicate with policyholders. |
| Sen. Bailey | high | skeptical | Tracey Towers 500% insurance increase and impact on affordable housing HPD's role in monitoring insurance risks for Mitchell-Lama properties How insurance companies assess risk in specific areas Section 8 housing and insurer pullout from lower-income markets State-level legislative solutions to complement city efforts Attorney liability for fraudulent claims (disbarrable offense) Bad faith law design and implementation Tort reform as cost driver | Sen. Bailey, the committee chair, demonstrated deep engagement with the insurance crisis, particularly regarding affordable housing impacts. He was skeptical of industry claims about litigation costs and fraud, noting that attorneys face disbarment for fraudulent claims. He pressed witnesses on specific data and mechanisms, and sought concrete legislative solutions. |
| Sen. Bailey | high | neutral | litigation and legal system abuse New York-specific solutions future market viability and habitability comparison to other states | Sen. Bailey opened the hearing and conducted extensive questioning of Professor Hartwig, focusing on litigation costs, legal system abuse, and whether New York could face uninhabitable zones if insurance markets continue to deteriorate. He sought expert recommendations for state-level legislative solutions. |
| Sen. Bailey | high | supportive | Data quantifying loss of affordable housing growth due to insurance costs Domino effect of housing on broader social outcomes Insurers withdrawing from specific market segments State funding for loss mitigation equipment like FireAvert and security cameras Tort reform and Scaffold Law pilot programs Replacement cost of affordable housing units | Sen. Bailey demonstrated strong support for testifiers' positions and focused on obtaining quantifiable data linking insurance costs to reduced affordable housing development. He emphasized the broader social impact of housing instability and pressed for specific metrics. He engaged substantively on tort reform, asking about pilot programs with sunset provisions and the Scaffold Law's impact on costs. |
| Sen. Bailey | high | supportive | Incentive-based programs for risk mitigation Behavioral economics and property owner accountability Insurance fraud prosecution | Sen. Bailey engaged actively with the first panel on innovative incentive programs, expressing enthusiasm for tiered discount structures based on tenant, management company, and association participation. He emphasized that incentives drive behavior and explored how to encourage property owners to be 'better actors' in maintaining buildings. |
| Sen. Bailey | high | skeptical | Geographic disparities in insurance availability and pricing Neighborhood-level insurance discrimination Data collection on insurance patterns by community Mount Vernon vs. Scarsdale insurance disparities County-level coordination on data collection Affordable housing insurance challenges | Sen. Bailey focused on geographic and socioeconomic disparities in insurance availability, particularly between Mount Vernon and Scarsdale despite similar AMI levels. He pressed witnesses on whether data exists to document neighborhood-level insurance discrimination and suggested state-level data collection through DFS. He expressed concern about disparate impacts on lower-income communities. |
| Sen. Bailey | high | supportive | Geographic disparities in insurance costs, particularly in the Bronx Potential discrimination in insurance pricing by borough Tort reform measures and pilot programs Scaffold Law carve-outs for affordable housing | Sen. Bailey, representing the Bronx, focused heavily on geographic disparities in insurance costs, noting that the Bronx—which contains the poorest congressional district—faces higher premiums. He pressed witnesses on whether similar property types cost more to insure in the Bronx than other boroughs and advocated for tort reform solutions including potential Scaffold Law modifications. |
| Sen. Bailey | high | supportive | Court docket streamlining for insurance claims Disincentivization of homeownership Generational wealth preservation in majority Black communities Policy limits and underinsurance Cancellation and non-renewal timelines Consumer protections and Bill of Rights Homeowner support and marginalized communities | Sen. Bailey demonstrated strong engagement with personal connection to the issue, representing majority Black homeowners in the northeast Bronx and Mount Vernon. He asked pointed questions about whether rising insurance costs are driving reverse migration out of New York and expressed concern about generational wealth loss. He signaled support for solutions and emphasized the need to help homeowners feel valued. |
| Sen. Bailey | high | neutral | Insurance literacy and consumer education Role of insurance agents and brokers Public understanding of insurance products Financial literacy in schools Rebuttal opportunities for industry panelists | Sen. Bailey chaired the hearing and focused on consumer education and understanding. He emphasized that insurance and taxation are the two most misunderstood things in America and sought input on how to improve public knowledge. He gave industry panelists opportunity to respond to earlier testimony and emphasized the importance of respectful dissent in democratic processes. |
| Sen. Fernandez | none | unclear | Listed as present but no questions or remarks recorded in transcript excerpt. | |
| Sen. Fernandez | moderate | supportive | New York City Community Insurance Pilot Program Section 8 discrimination affordable housing premium increases discrimination reporting mechanisms enforcement of discrimination prohibitions | Sen. Fernandez asked about the 2013 NYC Community Insurance Pilot Program and focused on discrimination against Section 8 tenants. She sought data on premium increases based on Section 8 status and asked about enforcement mechanisms. Asrow confirmed Section 8 status is prohibited by statute and outlined the consumer assistance unit as a reporting mechanism. |
| Sen. Fernandez | moderate | neutral | Peer-reviewed studies supporting industry claims Flood insurance availability in coastal communities Carrier withdrawals from New York market Affordability of insurance in competitive markets | Sen. Fernandez asked whether data cited comes from peer-reviewed studies or only industry sources, raised concerns about flood insurance availability in coastal communities despite repeated exposure, and questioned what surviving carriers are doing to keep insurance affordable as competitors withdraw. She noted that the federal government is unreliable and asked what New York can do at the state level. |
| Sen. Fernandez | moderate | skeptical | Executive compensation in insurance industry Enforcement of anti-discrimination laws Penalties for discrimination NYC Community Insurance Pilot Program Section 8 tenant discrimination Insurance cost reductions for buildings | Sen. Fernandez questioned whether anti-discrimination enforcement is working and whether penalties have been paid. She raised concerns about discrimination against Section 8 tenants and asked about the status of the Community Insurance Pilot Program. She challenged the notion that solutions exist when premiums continue rising. |
| Sen. Gounardes | high | skeptical | rate decrease requests proprietary actuarial models and transparency climate risk modeling carrier portfolio analysis across lines of business investment income from premiums discount communication to policyholders | Sen. Gounardes questioned when carriers last requested rate decreases, expressed frustration with 'black box' proprietary modeling, and challenged whether DFS can adequately oversee rate-setting without access to proprietary data. He asked whether DFS evaluates only homeowners lines or entire carrier portfolios, and whether insurance premiums fuel private equity investments. In a second round, he focused on ensuring policyholders know about available discounts. |
| Sen. Gounardes | moderate | skeptical | Discount communication to consumers Regulatory requirements for discount disclosure File and use rate approval practices | Sen. Gounardes questioned how consumers without brokers can learn about available discounts and whether regulations require carriers to communicate discounts. He also asked whether file-and-use should be eliminated given its minimal use, signaling concern about transparency and regulatory effectiveness. |
| Sen. Gournardes | none | unclear | Listed as present but no questions or remarks recorded in transcript excerpt. | |
| Sen. Helming | low | unclear | Identified as Ranking Member of Insurance Committee; expected to join but no questions recorded in transcript excerpt. | |
| Sen. Kavanagh | high | skeptical | Climate change risk pricing and modeling Proprietary models and DFS regulatory oversight Catastrophic climate modeling implementation Discount mandates and amounts | Sen. Kavanagh probed the technical aspects of how climate risk is priced and whether DFS has adequate oversight of insurance company models. He questioned whether sophisticated climate models are being used in rate-setting and whether DFS can access and review them, suggesting concern about regulatory gaps. |
| Sen. Kavanagh | high | skeptical | discount approval process community-level mitigation discounts liability insurance premium increases rate approval methodology data collection on discounts | Sen. Kavanagh pressed Asrow on whether DFS approves specific discount percentages, whether community-level mitigation investments receive discounts, and how DFS justifies rate increases when policyholders report doubling or tripling premiums. He requested a list of current discounts and signaled concern about the adequacy of explanations for liability insurance increases. |
| Sen. Kavanagh | high | skeptical | Community Reinvestment Act (CRA) as model for insurer obligations Reinsurance regulation and cost-shifting to New York consumers State-backed reinsurance facility Captive insurance entities Liability rate increases and social inflation Data breakdown for bundled insurance products Actuarial justification for rate increases | Sen. Kavanagh engaged extensively with Superintendent Asrow on potential policy solutions, exploring CRA-style obligations for insurers, state reinsurance facilities, and captive insurance models. He expressed skepticism about liability rate doubling and questioned whether rates are based exclusively on New York data. He noted that high jury awards have existed for decades, suggesting current rate increases may not be fully justified by recent changes. |
| Sen. Kavanagh | high | skeptical | Evidence of fraud in New York Distinction between rising litigation costs and fraud/abuse Transparency of insurance discounts Incentives for risk-reducing behavior | Sen. Kavanagh challenged testifiers to provide concrete evidence that fraud is pervasive and growing in New York, distinguishing between anecdotal evidence and hard data. He noted that rising litigation costs do not necessarily indicate fraud and questioned whether doctors are actually providing unnecessary treatment at attorneys' direction. He also pressed on whether insurance companies are transparent about available discounts for risk mitigation. |
| Sen. Kavanagh | high | skeptical | Litigation costs and defense spending data Distinction between fraud claims and coverage disputes Climate change causation and risk assessment Systematic discount approaches for risk-reduction technologies Captive insurance models HPD underwriting requirements and their impact on costs | Sen. Kavanagh pressed witnesses on data gaps and inconsistencies, particularly regarding litigation costs, fraud versus coverage disputes, and the insurance industry's position on climate change. He expressed surprise and concern that insurers claim not to assess whether policy changes increase greenhouse gases, calling it 'putting your head in the sand.' He also questioned why discounts for risk-reduction technologies vary widely across insurers despite available data. |
| Sen. Kavanagh | moderate | neutral | Litigation financing and its role in incentivizing bad behavior General appreciation for testimony quality | Sen. Kavanagh asked limited questions, focusing on litigation financing as a potential cost driver. He acknowledged the passage of time and deferred further questioning, expressing appreciation for the witnesses' testimony. |
| Sen. Kavanagh | high | neutral | liability insurance cost increases social inflation as driver of costs affordable housing sector impacts data on property insurance-specific trends commercial umbrella coverage | Sen. Kavanagh asked detailed questions about the doubling of liability insurance costs over 4-year periods and whether social inflation could explain such rapid increases. He sought data specific to property insurance (rather than auto or medical liability) and asked about commercial umbrella coverage impacts on affordable housing. |
| Sen. Kavanagh | high | supportive | Public excess liability fund models in other jurisdictions Captive insurance mechanisms and state funding Risk mitigation measures and insurance premium discounts Building features that reduce loss risk Safe Housing Incentive Program and behavioral changes DFS role in creating standards for insurance credits | Sen. Kavanagh engaged substantively with testifiers on specific policy mechanisms, asking detailed questions about existing models for excess liability funds, the $5 million captive insurance fund, and what risk mitigation measures are actually resulting in premium discounts. He probed whether sensible building features are being rewarded by insurers and discussed the role of DFS in creating standards. |
| Sen. Kavanagh | high | skeptical | HAI Group insurance mechanism and HUD requirements Discrimination against affordable housing and rent-stabilized properties Documentation of insurance company practices State-backed reinsurance models in other jurisdictions Insurance discount transparency and incentives Longer-term insurance contract mechanisms | Sen. Kavanagh pressed witnesses for specific documentation of discriminatory practices, noting that prior legislation banned discrimination against affordable housing and questioning why the Apartment Association didn't recommend strengthening that enforcement. He sought evidence of insurers refusing coverage based on rent-stabilized status and asked detailed questions about reinsurance models, discount mechanisms, and multi-year contract structures. He appeared focused on distinguishing between fraud and legitimate causation disputes. |
| Sen. Kavanagh | high | supportive | Multiyear insurance policies with spread payments Regulation of insurer practices Subrogation claims against fossil fuel companies Risk mitigation and retrofitting requirements Transparency in insurance discounts Colorado's insurance legislation as a model Property, community and landscape scale mitigation in pricing models | Sen. Kavanagh demonstrated strong engagement throughout the hearing, asking detailed questions about regulatory mechanisms to require multiyear policies, subrogation claims against fossil fuel companies, and risk mitigation requirements. He appeared supportive of climate-focused insurance reform and sought expert perspectives on best practices from other states, particularly Colorado. |
| Sen. Kavanagh | moderate | skeptical | Insurance industry investments in fossil fuels State-level insurance programs (Florida My Safe Home) Precedent for insurer litigation against responsible parties | Sen. Kavanagh questioned whether insurers might be reluctant to sue fossil fuel producers due to their own substantial investments in the industry, suggesting a potential conflict of interest. He also explored state-level insurance programs as potential models. |
| Sen. Kavanagh | high | supportive | Affordable housing viability and insurance costs Captive insurance model expansion and obstacles Competitive practices by other insurers Parametric insurance products Consumer protections and Bill of Rights Data collection and transparency | Sen. Kavanagh demonstrated sustained engagement throughout the hearing, asking detailed questions about the captive insurance model, regulatory barriers, and competitive practices. He expressed appreciation for the collaborative work of panelists and signaled support for the Insurer Communities Act. He appeared focused on understanding practical solutions and implementation challenges. |
| Sen. Kavanagh | high | skeptical | Insurance discounts and incentives for risk mitigation Roof age and fortified roof requirements Mandatory vs. voluntary discount structures Coordination between DFS, insurers, and government subsidies Best practices from other states (Florida, Colorado) Insurance literacy and consumer awareness Mortgage market health and insurance availability | Sen. Kavanagh engaged extensively and skeptically with industry representatives about whether the free market alone would produce adequate incentives for risk mitigation. He pushed for formalized building-level mitigation crediting and broader discount structures, noting that public subsidies for resilience improvements should be coordinated with insurance discounts. He questioned why customers should have to wonder if their risk-reduction efforts qualify for discounts. |
| Sen. Martins | none | unclear | Listed as present but no questions or remarks recorded in transcript excerpt. | |
| Sen. O'Mara | low | unclear | Identified as Ranking Member of Investigations and Government Operations Committee; present but no questions recorded in transcript excerpt. | |
| Sen. O'Mara | moderate | neutral | rural and agricultural impacts microburst storms and repetitive losses lessons from California and Florida discount mechanisms crop loss insurance for farmers legislative working relationship | Sen. O'Mara, representing rural Finger Lakes and Southern Tier counties, focused on impacts to lower-income households and agricultural communities. He noted that New York premiums are below national average but expressed concern about rural impacts. He encouraged a collaborative working relationship with DFS on legislation and asked about crop loss insurance options for farmers. |
| Sen. O'Mara | moderate | neutral | Definition and causes of nuclear verdicts Adequacy of New York law to address excessive verdicts Specific reforms implemented in other states Reinsurance and cross-state rate impacts | Sen. O'Mara sought clarification on nuclear verdicts versus runaway verdicts, asked whether fraud causes these verdicts or merely correlates with them, and inquired about specific legislative reforms other states have implemented. He questioned whether reinsurance markets cause New York to bear burdens from other states' catastrophes and requested specific recommendations beyond general statements about hindering insurance. |
| Sen. Skoufis | moderate | neutral | Investigative process and data gathering Market instability factors Consumer access and affordability | Sen. Skoufis outlined the investigative framework and key themes emerging from the committees' work, including premium escalation, regulatory data gaps, climate adaptation not yielding savings, and consumers being forced into insurers of last resort. |
| Sen. Skoufis | high | skeptical | claims-level data collection number of carriers in New York vs. other states industry profitability comparison cross-subsidization of losses across states verification of New York-exclusive expenses | Sen. Skoufis cited a May 2024 New York Times analysis showing New York insurers were profitable for 10 consecutive years while other states experienced losses, suggesting rates may be too high. He questioned whether New York policyholders are subsidizing losses in other states and challenged how DFS verifies New York-exclusive expenses without claims-level data. He requested confirmation of carrier numbers and comparative data with other states. |
| Sen. Skoufis | high | skeptical | Reconciling industry claims about climate risk with below-average premiums and profit margins Whether catastrophic event costs are baked into current rates Refunds if catastrophic events don't occur Why New York doesn't show profit/loss ebb and flow like other states Comparison of New York to Florida hurricane exposure | Sen. Skoufis expressed difficulty reconciling industry testimony about enormous climate risk, old building stock, regulatory burdens, and litigation increases with claims of below-average premiums and healthy profits. He pressed witnesses on whether rates include speculative future catastrophic events and questioned why New York's market doesn't show the volatility seen in other states. |
| Sen. Skoufis | high | skeptical | Rate hikes following catastrophic events Number of carriers in New York vs. California Fraud prevalence and percentages Percentage of fraudulent claims that go to litigation Percentage of litigated claims that result in verdicts vs. settlements | Sen. Skoufis pressed testifiers on whether they could commit to not seeking large rate hikes after catastrophic events, questioned the comparison between New York (200+ carriers) and California (4 carriers) as evidence of profitability, and repeatedly demanded specific data on fraud prevalence and litigation outcomes. He expressed skepticism that fraud is as pervasive as claimed and suggested insurers may simply bake fraud concerns into rate applications rather than fighting claims through verdicts. |
| Sen. Skoufis | moderate | neutral | Fraud and court case resolution Affordable housing insurance impacts | Sen. Skoufis chaired portions of the hearing and administered oaths to agency officials. He raised questions about fraud and court case resolution earlier in the hearing (referenced but not fully transcribed). |
| Sen. Skoufis | high | skeptical | Lack of data from insurance industry trade associations Assertions about exponentially increased litigation and 'nuclear verdicts' Sunshine/transparency laws and confidentiality agreements Insurer fraud versus policyholder fraud Bad faith law mechanics and deterrent effects Impact of bad faith laws on premiums in other states | Sen. Skoufis was notably skeptical of industry assertions, particularly criticizing the lack of data provided by insurance trade associations. He pressed Finkelstein on specific percentages of fraudulent claims and the mechanics of bad faith laws, seeking to understand whether such laws actually deter bad faith conduct and affect premiums. |
| Sen. Skoufis | high | skeptical | industry profitability and rate regulation fraud prevalence and litigation settlement practices DFS regulatory oversight confidentiality agreements in settlements bad faith laws multiple insurance policies and liability limits | Sen. Skoufis engaged in pointed questioning of Professor Hartwig, challenging the insurance industry's claims about fraud and questioning whether DFS is approving excessive rates. He pressed Hartwig on why insurers settle 99.5 percent of allegedly fraudulent claims rather than going to trial, and whether insurers have incentives to delay cases. He also challenged the trial lawyers' position on liability limits and multiple policies. |
| Sen. Skoufis | high | skeptical | Fraud and fraudulent claims within affordable housing portfolios Insurance carrier settlement practices and decision-making Policyholder control over settlement vs. litigation decisions Confidentiality agreements and settlement disclosure Cross-subsidization of insurance costs across states Comparative insurance policies in other states | Sen. Skoufis probed the role of fraud and questionable claims in driving up insurance costs, asking whether carriers are settling meritless cases. He questioned why policyholders lack final say in settlement decisions and explored whether confidentiality agreements could be modified to allow non-identifiable data disclosure. He expressed skepticism about carrier claims regarding cross-subsidization and suggested carriers' short-term settlement thinking may be counterproductive. |
| Sen. Skoufis | high | skeptical | Insurance fraud and video evidence of fraudulent claims Insurer settlement practices despite video evidence Claims history impact on premiums Risk equation asymmetry between insurers and property owners Criminal prosecution of insurance fraud Tort reform proposals | Sen. Skoufis focused intensely on the settlement of fraudulent claims despite video evidence, pressing witnesses on why insurers settle even when they have proof of fraud. He highlighted the asymmetrical risk equation where insurers have little downside to settling (costs get passed to next renewal) while property owners absorb all downside through claims history affecting premiums. He questioned whether insurers are properly evaluating risk and asked about criminal prosecution of insurance fraud. |
| Sen. Skoufis | moderate | neutral | Panel management and scheduling Procedural matters | Sen. Skoufis served as chair and managed panel logistics, including rescheduling panels due to time constraints and swearing in remote witnesses. Limited substantive questioning visible in transcript. |
| Sen. Skoufis | high | supportive | Milford Street captive savings and effectiveness Barriers to creating additional captives Awareness of available insurance discounts among affordable housing operators Bad faith insurance laws and case resolution timelines Third Party Litigation Funding impacts | Sen. Skoufis demonstrated strong engagement, asking detailed follow-up questions about the Milford Street captive's savings potential, regulatory barriers to replication, discount awareness among operators, and the relationship between case resolution timelines and premium impacts. He requested written follow-up on specific barriers and showed concern about hidden discounts and litigation financing practices. |
| Sen. Skoufis | low | neutral | Hearing process and timeline | Sen. Skoufis was mentioned as having initiated discussions about this hearing in August and indicated the process would continue, but did not appear to ask questions during the final panel testimony. |