Landlords Must Give Tenants New Flood History/Risk Lease Rider Notice

Effective June 21, 2023, all residential leases in New York State are required to include information pertaining to a building's flood history and flood insurance under new Section 231-b of NY's Real Property Law (RPL), which was enacted in December 2022. The required information can be included in a lease rider which must include the following information: (a) whether any part of the building is located in a Federal Emergency Management Agency (FEMA) designated floodplain; (b) whether any part of the building is located in a Special Flood Hazard Area according to FEMA's Flood Insurance Rate Maps; (c) whether any part of the building is located in a Moderate Risk Flood Hazard Area according to FEMA's Flood Insurance Rate Maps; (4) any prior damage to the building due to a natural flood event that the owner has knowledge of or reasonably should know has occurred and the nature of any such damage; and (5) a notice to tenants stating explicitly "Flood insurance is available to renters through the FEMA National Flood Insurance Program 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." The DHCR has issued a sample Flood History and Risk Lease Rider Notice to Residential Tenants, found online at https://hcr.ny.gov/system/files/documents/2023/06/flood-history-and-risk-lease-rider-notice.pdf.

New York Real Property Law Section 231-b, added December 2022, effective June 21, 2023 (https://www.nysenate.gov/legislation/laws/RPP/231-B)