New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00631 Summary:

A00631 Actions:

A00631 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:01/18/2023AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lavine
Aye
Tannousis
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Steck
Aye
Brown
Aye
Seawright
Aye
Flood
Aye
Joyner
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/18/2023AYE/NAY:22/7  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Excused
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00631 Floor Votes:

A00631 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A631
 
SPONSOR: Carroll

 
TITLE OF BILL:
 
An act to amend the real property law, in relation to requiring residen-
tial leases to include information on prior flood damage
 
 
PURPOSE:
 
The purpose of this bill is to amend Chapter 768 of the Laws of 2022 to
effectuate the intent of the law.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends the Real Property Law so that lessor must provide
notice of any prior flood damage. to the leased premises that the lessor
knows or reasonably should have known has occurred.
 
Section 2 establishes the effective date.
 
 
JUSTIFICATION:
 
This bill would establish a flood risk "right to know" for renters.  The
Natural Resources Defense Council currently gives New York's flood risk
disclosure law a failing grade in part because New York's flood disclo-
sure 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.
 
Recent storms, like Hurricanes Ida and Henri, caused damage to thousands
of apartments and extensive damage to the personal property of rental
households. Robust flood disclosure is a necessary tool for protecting
New Yorkers on the frontline of climate change. Vulnerable communities
have repeatedly expressed concerns regarding the growing costs of flood
damage in their homes, but renters from low-income communities experi-
encing repeated flood events are often never warned about the risks they
face when moving into a new home. Flood disclosure meets the fundamental
goal of providing awareness and transparency for all residents, irre-
spective of income. Studies have shown that knowing the level of one's
risk helps change patterns of behavior related to flood insurance,
increasing uptake of up to 15 percent or more.
 
This bill makes technical changes to a chapter of the laws of 2022 to
clarify that the lessor must disclose flood damage of which the lessor
knows or reasonably should have known.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the real property law relating to
requiring disclosure of information concerning flood insurance on resi-
dential leases, as proposed in legislative bills numbers S.5472-A and A.
7876-A, takes effect.

A00631 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           631
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2023
                                       ___________
 
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Judiciary
 
        AN ACT to amend the real property law, in relation to requiring residen-
          tial leases to include information on prior flood damage
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (d) of subdivision 1 of section 231-b of the real
     2  property  law,  as  added  by a chapter of the laws of 2022 amending the
     3  real property  law  relating  to  requiring  disclosure  of  information
     4  concerning  flood insurance on residential leases, as proposed in legis-
     5  lative bills numbers S. 5472-A and A. 7876-A,  is  amended  to  read  as
     6  follows:
     7    (d)  [whether  the  leased  premises  has experienced] any prior flood
     8  damage to the leased premises due to a  natural  flood  event,  such  as
     9  heavy   rainfall,  coastal  storm  surge,  tidal  inundation,  or  river
    10  overflow, that the lessor knows or reasonably should know  has  occurred
    11  to such premises and the nature of any such damage.
    12    §  2.  This  act  shall  take  effect on the same date and in the same
    13  manner as a chapter of the laws of 2022 amending the real  property  law
    14  relating  to requiring disclosure of information concerning flood insur-
    15  ance on residential leases, as proposed in legislative bills numbers  S.
    16  5472-A and A. 7876-A, takes effect.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03958-01-3

A00631 LFIN:

 
NO LFIN

A00631 Chamber Video/Transcript: