STATE OF NEW YORK
________________________________________________________________________
7876--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 28, 2021
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Introduced by M. of A. CARROLL, WALKER, GALLAGHER, BARNWELL, JONES,
ANDERSON, STERN, ROZIC, QUART, PAULIN, CYMBROWITZ, GOTTFRIED, DINOW-
ITZ, GRIFFIN, NOLAN, ABINANTI, SANTABARBARA, L. ROSENTHAL, McDONALD,
LAVINE, THIELE, OTIS, HEVESI, DAVILA, SEAWRIGHT, D. ROSENTHAL, LUPAR-
DO, JACOBSON, FERNANDEZ, O'DONNELL, CUSICK, KELLES, BURDICK, FAHY,
GALEF, STECK, MAGNARELLI, WOERNER, BARRETT, STIRPE, SIMON, HUNTER,
DURSO, GANDOLFO, NIOU, CRUZ, MIKULIN, MONTESANO, ENGLEBRIGHT -- read
once and referred to the Committee on Judiciary -- recommitted to the
Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the real property law, in relation to requiring disclo-
sure of information concerning flood insurance on residential leases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 231-b to read as follows:
3 § 231-b. Flood history and risk notice in residential leases. 1. Every
4 residential lease shall provide notice of the following information
5 related to the previous flood history and current flood risk of the
6 leased premises, as follows:
7 (a) whether any or all of the leased premises is located wholly or
8 partially in a Federal Emergency Management Agency ("FEMA") designated
9 floodplain;
10 (b) whether any or all of the leased premises is located wholly or
11 partially in the Special Flood Hazard Area ("SFHA"; "100-year flood-
12 plain") according to FEMA's current Flood Insurance Rate Maps for the
13 leased premises' area;
14 (c) whether any or all of the leased premises is located wholly or
15 partially in a Moderate Risk Flood Hazard Area ("500-year floodplain")
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02362-03-2
A. 7876--A 2
1 according to FEMA's current Flood Insurance Rate Maps for the leased
2 premises' area; and
3 (d) whether the leased premises has experienced any flood damage due
4 to a natural flood event, such as heavy rainfall, coastal storm surge,
5 tidal inundation, or river overflow.
6 2. Every residential lease shall also contain the following notice to
7 tenants: "Flood insurance is available to renters through the Federal
8 Emergency Management Agency's (FEMA's) National Flood Insurance Program
9 (NFIP) to cover your personal property and contents in the event of a
10 flood. A standard renter's insurance policy does not typically cover
11 flood damage. You are encouraged to examine your policy to determine
12 whether you are covered."
13 § 2. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law. Effective immediately the addition, amend-
15 ment and/or repeal of any rule or regulation necessary for the implemen-
16 tation of this act on its effective date are authorized to be made and
17 completed on or before such date.
