RPL §231-b Effective June 21, 2023
Last week, Governor Kathy Hochul signed Senate Bill S5472A. According to the bill’s sponsors:
“This bill would establish a flood risk ‘right to know’ for renters. The Natural Resources Defense Council (NRDC) currently gives New York’s flood risk disclosure law a failing grade in part because New York’s flood disclosure laws only apply to sales of residential real property, meaning that renters are not receiving adequate disclosures about the flood risks and history of the units they lease.”
Beginning June 21, 2023, all residential leases in New York must contain flood disclosures and a notice advising tenants of the availability of flood insurance.
Flood Disclosures
The bill creates RPL §231-b which requires all residential leases to provide notice of (a) whether any or all of the leased premises is in a FEMA designated floodplain; (b) whether any or all of the leased premises is in a FEMA designated 100-year floodplain; (c) whether any of all of the leased premises is in a FEMA designated 500-year floodplain; and (d) whether the leased premises has experienced any flood damage due to a natural flood event, such as heavy rainfall, coastal storm surge, tidal inundation, or river overflow.
Mandatory Notice
In addition to the disclosure of flood risk and history, all residential leases must contain the following notice:
“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.”
Regulations Required?
The bill specifically authorizes the creation, amendment and/or appeal of any rule or regulation necessary for the implementation of these requirements. Two particular rules would be guide more effective implementation:
1. Landlords should only be required to provide the flood disclosure if the answer to the floodplain or flood damage question is affirmative, or if specifically requested by the tenant. A list of four negative disclosures will result in information overload that is skimmed or ignored by tenants.
2. Font, size and type requirements should be created to give landlord’s certainty that their lease satisfies the law.
The State has 180 days before RPL §231-b becomes effective. We’ll keep our eye on the rulemaking process.