Effective June 21, 2023, all residential leases will be required to provide notice of the flood risk and flood history of leased premises, as well as a notice to tenants of flood insurance available to renters. Section 231-B of New York State Real Property Law reads:
§ 231-b. Flood history and risk notice in residential leases. 1. Every residential lease shall provide notice of the following information related to the previous flood history and current flood risk of the leased premises, as follows:
(a) whether any or all of the leased premises is located wholly or partially in a Federal Emergency Management Agency (“FEMA”) designated floodplain;
(b) whether any or all of the leased premises is located wholly or partially in the Special Flood Hazard Area (“SFHA”; “100-year
floodplain”) according to FEMA’s current Flood Insurance Rate Maps for the leased premises’ area;
(c) whether any or all of the leased premises is located wholly or partially in a Moderate Risk Flood Hazard Area (“500-year floodplain”)
according to FEMA’s current Flood Insurance Rate Maps for the leased premises’ area; and
(d) any prior flood damage to the leased premises due to a natural flood event, such as heavy rainfall, coastal storm surge, tidal inundation, or river overflow, that the lessor knows or reasonably should know has occurred to such premises and the nature of any such damage.
2. Every residential lease shall also contain the following notice to tenants: “Flood insurance is available to renters through the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP) to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”
As always, reach out to us anytime with questions and to make sure you’re properly covered.
