Fire survivor in Cape Coral says federal flood rule is forcing him to lose everything

CAPE CORAL, Fla. — A Cape Coral homeowner says a fire has left him stuck in a battle with federal flood rules that could cost him everything.

Steven Duke just wants to get back into his gray house on Southwest 6th Ave. in Cape Coral, but a pink notice on the door is standing in his way.

"It was a fire that engulfed the kitchen and the lanai, and the fire and water damage affected the rest of the house," Duke said.

The fire broke out on May 29th. Scorch marks are still visible on the front of the home and the lanai took the worst of it.

When Duke tried to get a permit in June for a professional team to clear out the damage, he ran into a problem.

Because the home sits in a flood zone, the city told him it must be elevated before any work can begin.

"They won't issue a permit until a plan is arranged to raise the property,” Duke said. “We can't do that, it's financially impossible for me. I'm 75, I work a part-time job just to make ends meet. I can't afford that at all."

The issue stems from FEMA's 50% rule. It says that if the cost of repairs to a home in a special flood hazard area equals or exceeds 50% of the home's value, the property must be brought up to all federal code, which in Duke's case means raising the house above flood stage.

Duke brought his frustrations to a recent WINK Listens event held in Cape Coral.

His home survived Hurricane Ian, Milton and Helene without a single drop of water getting inside, yet the rule still applies.

"I wasn't aware of the (50%) rule. I didn't know such a thing existed. I bought the house in 2019. I was told you live in a flood zone, so you're going to have to have flood insurance, which I did. I got the flood insurance, and I pay my premiums like everybody else does in their escrow. But that's it. I just have lost everything," Duke said.

Duke and his family are currently living at a neighbor's property while they figure out their next move.

He says selling the land for lot value is one option he is considering, but raising the house is simply not something he can afford.

"I want this rule to be abolished. Because it's making the person who owns the property now pay the sins of the father," Duke said.

This fight over the 50% rule is not new for Cape Coral. Two years ago, the city nearly lost its 25% discount on flood insurance after FEMA said the city was not enforcing the rule strictly enough, though FEMA later reinstated that discount.