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As pointed out in my December 2023 article, effective March 20, 2024, sellers of residential property are required to disclose whether the home is in a Federal Emergency Management (“FEMA”) designated floodplain, “100 year” or “500 year” floodplain, and whether there currently is flood insurance coverage on the home.   

This is not new for landlords of residential property as they have had a similar disclosure obligation since last summer (June  21, 2023) pursuant to NY Real Property Law §231-b.

Not only does this section of the law apply to apartments and house leases, but to condominiums as well.

What This Means for Landlords

The landlord must give an affirmative statement as to whether one of the following scenarios applies to all or part of the leased premises. It is (a) in a FEMA designated floodplain; or (b) is in a  Special Flood Hazard Area (“100 year floodplain”) or (c) is in a  Moderate Risk Flood Hazard Area (“500 year floodplain”); or (d)  it has experienced flood damage due to a “natural” flood event, such as heavy rainfall, coastal storm surge, tidal inundation, or  river overflow.

The statute also requires a prescribed mandatory notice to the tenant of the availability of renter’s flood insurance through FEMA and that a standard renter’s insurance policy does not typically cover flood damage.

Coming under the category of “renters right to know”, this legislation should help a tenant make an informed decision about the leased premises where they have been impacted by a flood event.

A Landlord Tenant Lawyer Can Help

If you would like to schedule a consultation to talk about your rights and obligations as a landlord or tenant  when encountering this type of situation, please feel free to contact Lou at lmorin@mccmlaw.com or give him a call at 585-512-3534.

Lou Morin is recognized as one of the preeminent attorneys in Western New York for real estate and bankruptcy matters.  A frequent guest lecturer for bar association and realtor groups, Lou has also served on committees which have revised and improved the standard forms used by realtors and attorneys for residential real estate transactions.  Lou also maintains an active bankruptcy and business workout practice.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.