Despite the law passing over a year and a half ago, many remain unaware or confused about the changes. On June 21, 2023, the New York State Real Property Law was amended to include Section 231-B. This section mandates that landlords disclose flood histories to their tenants in lease and sublease agreements.
Understanding the Law with The Carminucci Agency
Landlords are required to share everything they know about the property, as well as information revealed by the FEMA flood map service center. They must acknowledge the following concerns:
- Whether the property is entirely or partially in a FEMA-designated floodplain
- Whether the property is wholly or partially in a special flood hazard area (100-year floodplain)
- Whether the property is wholly or partially in a moderate risk flood hazard area (500-year floodplain)
- Past flood damage from heavy rainfall, coastal storm surge, tidal inundation, and river overflows
- Current flood risk and the likelihood of future flooding
Additionally, landlords must include a notice about flood insurance through FEMA’s National Flood Insurance Program and explain the limitations of renter’s insurance. Flooding caused by plumbing issues does not need to be included.
The Reason Behind the Law
In recent years, there has been at least one flooding event from a storm in Croton Falls, NY. Each time, the massive floodwater caused power outages, road and school closures, and damage to homes and trees. Add to this the damage caused by hurricanes Sandy, Henri, and Ida to apartments and belongings in Westchester County, and the need for this law becomes clear.
The law empowers tenants to secure flood insurance to protect their belongings from flood damage. It also helps them consider their living arrangements and safety concerns.
The Carminucci Agency encourages renters to get flood insurance to protect their belongings from damage. We invite tenants in Croton Falls, NY, to visit our office or call us for more information.