STATE OF NEW YORK
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5472--A
Cal. No. 703
2021-2022 Regular Sessions
IN SENATE
March 8, 2021
___________
Introduced by Sens. HOYLMAN, ADDABBO, BIAGGI, BROOKS, GAUGHRAN,
GOUNARDES, HINCHEY, KAPLAN, LIU, MANNION, MARTUCCI, OBERACKER, REICH-
LIN-MELNICK, SEPULVEDA, STAVISKY -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
recommitted to the Committee on Judiciary in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading
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")
16 according to FEMA's current Flood Insurance Rate Maps for the leased
17 premises' area; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02362-04-2
S. 5472--A 2
1 (d) whether the leased premises has experienced any flood damage due
2 to a natural flood event, such as heavy rainfall, coastal storm surge,
3 tidal inundation, or river overflow.
4 2. Every residential lease shall also contain the following notice to
5 tenants: "Flood insurance is available to renters through the Federal
6 Emergency Management Agency's (FEMA's) National Flood Insurance Program
7 (NFIP) to cover your personal property and contents in the event of a
8 flood. A standard renter's insurance policy does not typically cover
9 flood damage. You are encouraged to examine your policy to determine
10 whether you are covered."
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law. Effective immediately the addition, amend-
13 ment and/or repeal of any rule or regulation necessary for the implemen-
14 tation of this act on its effective date are authorized to be made and
15 completed on or before such date.
