Starting on June 21st, landlords in New York State will have to disclose flood risk and prior flood history to tenants in their leases and provide a notice of available flood insurance. Senator Brad Hoylman and Assembly Member Robert Carroll sponsored the bill, which Gov. Kathy Hochul signed into law in December 2022.
“As flooding becomes more frequent and intense due to climate change we must make sure New Yorkers have the information they need so that they can protect their property and their families,” said Assembly Member Carroll in a statement. “New York State has lagged behind other states when it comes to flood risk foreclosure for tenants and this legislation is an important step forward.”
The new law launches at a timely occasion because June is the start of hurricane season and New York has been battered by storms in recent years. In 2021, Hurricane Ida killed 17 people in New York State, primarily in low-income, immigrant communities in Queens. This intersection of affordability and climate change vulnerability continues to be a prominent thread in New York’s housing narrative, with limited lifelines. One option for residents to protect themselves and their finances in the event of a flood is purchasing flood insurance.
“From now on ALL renters across New York State will be more informed about flood risks, flood insurance, and what it means to live in a highly floodable area or floodplain at the time of signing a lease,” Waterfront Alliance President and CEO, Cortney Koenig Worrall said at the time the bill was signed into law. “Hurricane Ida was the most clear indication of the extreme risks to rental units and the need for solutions.”
New York renters are not the only ones who have been going into housing agreements without flood knowledge. Homebuyers also have flimsy protection. As of right now, sellers can pay a paltry $500 fine and avoid disclosing flood damage to buyers. This puts homebuyers in a precarious situation that could lead to significant financial losses throughout the life of the mortgage if flooding occurs. Future fatalities, displacements, and dollars spent on damages could be reduced in the future with appropriate laws and policies enforced now. The only way to ensure financial protection from flooding is to explore and purchase flood insurance options.
If you are signing a new lease on June 21, 2023 or later, take the time to read through the lease and make sure flood risk and prior flood history are included. Your landlord is also obligated to inform you of flood insurance availability. Flood insurance can help protect your home and your financial interests. Landlords, the time is now to gather the necessary facts, flood insurance options, and accordingly modify leases and tenant informational materials.
BREAKING NEWS: We’re excited to announced that on Friday June 9th, NYS passed disclosure laws to give the same protections to buyers and removes the $500 loophole. Now it’s onto the Governor for signatures.
FloodHelpNY is committed to helping nurture an equitable, affordable, safe environment for all New Yorkers to thrive. Your level of physical safety should not depend on the level of your bank account or if you are a renter or an owner. For information on your flood risk and flood insurance resources, please explore more of FloodHelpNY.org and be sure to take a look at the Community Flood Action Toolkit.
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