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New law requires landlords to reveal flood history

Dec 30, 2022 12:45 am

Eduardo Cuevas is reporting for the Poughkeepsie Journal landlords will now have to disclose flood risks to renters under a new state law signed by Gov. Kathy Hochul on December 23. The measure is a response to increased flooding due to the impacts of climate change. “As flooding becomes more frequent and intense due to climate change, we must make sure New Yorkers have the information they need so that they can protect their property and their families,” said Assemblymember Robert Carroll, the bill author. New York has lagged behind other states in covering prospective tenants with flood risk, he said. The Natural Resources Defense Council, an environmental advocacy nonprofit, gave New York a failing grade in its tracker of state laws across the country. Joel Scata, a senior attorney at the NRDC, said the new law will make it possible for renters to get the flooding history of their property so they can prepare. The new law takes effect in June and requires residential leases to include information on prior flood history and the current risk of leased premises. This includes disclosing whether the unit is located in part or totally within a Federal Emergency Management Agency-designated floodplain, as well as 100-year and 500-year floodplains. Property owners are now required to include information about whether the leased property has experienced flood damage from a natural event such as heavy rainfall, coastal storm surge, tidal inundation or river overflow and tenants must also receive information about FEMA's National Flood Insurance Program. Read the full story in the Poughkeepsie Journal.