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Only three states guarantee 24 months of ALE after a disaster

Yours probably is not one. Here is the statute where one exists, and the silence where it does not.

A declarations page on a desk with a wall calendar behind it showing two years of months

California, Colorado and Oregon require insurers to pay additional living expenses for at least 24 months after a loss tied to a declared emergency, with extensions to 36. In every other state we checked, the policy form sets the limit and the statute is silent.

Table compiled 2026-09-06. Rows marked not yet checked have not been read and are not a finding of any kind. Confirm with your state insurance department before relying on a duration.

Which states set a minimum by law?

Statutory ALE minimums by state after a declared emergency
StateMinimum ALEWith extensionsRule in briefStatus and source
California24 months36 monthsCal. Ins. Code §2060 (as amended by SB 872, operative July 1, 2021); §2061On request, an advance of no less than four months of living expenses when the loss relates to a state of emergency (§2061).Statutory minimumStatutechecked 2026-09-06
Colorado24 months36 monthsC.R.S. 10-4-110.8(13), added by HB22-1111, signed June 2, 2022Loss of use is paid within twenty days after the insurer receives documentation, which may be a signed lease; the insurer may pay per the lease or provide advance rent payments for the household, family members, livestock and pets.Statutory minimumStatutechecked 2026-09-06
Oregon24 months36 monthsORS chapter 742, sections added by HB 3272 (2021), effective on passageStatutory minimumStatutechecked 2026-09-06
AlabamaPolicy termsThe department's ALE guidance (dated August 18, 2026) says ALE covers hotel bills, reasonable restaurant meals when the room has no kitchen, and other living costs above normal housing expenses, and that some policies have a dollar limit and some a time limitation. It sets no statutory duration and tells consumers to keep every receipt.Checked, no duration setAlabama Department of Insurancechecked 2026-09-06
FloridaPolicy termsThe insurer must pay or deny a property claim within 60 days of notice unless factors beyond its control prevent it (Department of Financial Services consumer FAQ).No statutory ALE duration found in the regulator's homeowners FAQ. The policy form governs.Checked, no duration setFlorida Department of Financial Serviceschecked 2026-09-06
GeorgiaPolicy termsThe regulator's homeowners page lists additional living expenses as one of four standard package coverages, described as additional costs to live somewhere else if your home is uninhabitable. No duration or percentage is stated.Checked, no duration setGeorgia Office of the Commissioner of Insurance and Safety Firechecked 2026-09-06
North CarolinaPolicy termsThe department's homeowners page names additional living expenses as a package coverage; its loss-aftermath and disaster pages set no duration. Nothing read states a statutory minimum.Checked, no duration setNorth Carolina Department of Insurancechecked 2026-09-06
South CarolinaPolicy termsThe department's coverage-types page defines additional living expense coverage as the necessary living expenses, up to the stated limit, to continue as nearly as possible the normal standard of living while the house cannot be occupied. Its Helene recovery page adds that many policies pay for hotel stays. No duration is stated.Checked, no duration setSouth Carolina Department of Insurancechecked 2026-09-06
TexasPolicy termsTDI's storm FAQ says a homeowners or renters policy may pay for a hotel or rental when the home is damaged by a covered event, and that a utility outage alone probably does not qualify. No duration rule. Prompt-payment deadlines exist in Insurance Code chapter 542 and were not confirmed in this pass.Checked, no duration setTexas Department of Insurancechecked 2026-09-06
WashingtonPolicy termsThe OIC's ALE guidance describes typical caps of 20 to 30 percent of dwelling coverage and 12 to 24 months, and advises asking for an itemized advance in writing. It cites no statutory minimum.Checked, no duration setWashington Office of the Insurance Commissionerchecked 2026-09-06
41 states not yet checked. Open the list.

When does the 24-month period start?

The three statutes do not start the period at the same point. Read the one that applies to you.

All three allow extensions for delays outside your control: permit delays, material shortages and a lack of available contractors are named in each. None of them grants the extension automatically. You ask, in writing, before the period ends.

Can you get money before the receipts?

What most people assume, and why it costs them

The common assumption is that the number printed on the declarations page is the end of the conversation. In three states it is not, because the statute overrides a shorter form after a declared emergency. In the other 47 the form does govern, and the extension request is what changes the outcome, granted case by case. United Policyholders publishes sample letters for requesting ALE information and for requesting an extension after a total loss. Send the extension letter before the period ends, not after.

The second assumption is that a federal program picks up whatever the policy stops paying. FEMA housing assistance requires your insurer's settlement or denial letter first, and the NFIP flood policy pays no additional living expenses at all. Read what a flood policy does and does not pay for before you count on either.

What to do this week

  1. Find your state in the table. If it is not yet checked, call the regulator's consumer line and ask one question: is there a statutory minimum ALE period after a declared emergency.
  2. Read the Loss of Use section of your policy and write down the dollar cap and the time cap.
  3. Count forward from the date of loss and put the extension request date on a calendar at month 20 in a statutory state, month 10 anywhere else.
  4. Ask for an advance in writing, itemized, whether or not your state requires it.
  5. Start the monthly ALE packet now, so the extension request arrives with a clean record behind it.

Sources

  1. California Insurance Code §2060 (accessed 2026-09-06)
  2. California Insurance Code §2061 (accessed 2026-09-06)
  3. Colorado HB22-1111, C.R.S. 10-4-110.8 (accessed 2026-09-06)
  4. Oregon HB 3272 (2021), ORS chapter 742 (accessed 2026-09-06)
  5. Washington OIC, Additional living expenses coverage (accessed 2026-09-06)
  6. Florida DFS, homeowners insurance FAQ (accessed 2026-09-06)
  7. Texas TDI, home damaged FAQ (accessed 2026-09-06)
  8. Boulder County, Marshall Fire recovery (accessed 2026-09-06)
  9. Maui Recovers, Rebuild Dashboard (accessed 2026-09-06)
  10. United Policyholders, claim guidance library (ALE sample letters) (accessed 2026-09-06)
  11. FEMA, Individuals and Households Program (accessed 2026-09-06)
  12. FloodSmart, what the NFIP covers (accessed 2026-09-06)
  13. NAIC, state insurance department directory (accessed 2026-09-06)

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