Real Property Law Section 231-B, effective as of June 21, 2023, now requires all landlords to provide a notice to their tenant(s) regarding the leased premises' previous flood history and current flood risk. The history does NOT apply to floods caused by broken pipes or overflowing toilets, but rather to floods from natural events, such as heavy rainfall, coastal storm surges, river overflows, etc.
The required notice must detail any damage that resulted from the flood and whether the leased premises is within a FEMA floodplain, a Special Flood Hazard Area and/or a Moderate Flood Hazard Area. To determine whether the premies is within these areas, the landlord must consult the Flood Insurance Rate maps. Finally, the notice must contain a statement about the availability of flood insurance and the limitations on ordinary policies.
Contact Proctor Real Estate Law for the specific language necessary for this notice.
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