Last week brought another round of drenching rains and more flooding to New Jersey. It also marked the beginning of new flood disclosure requirements imposed on commercial and residential property owners. Signed into law in July, the New Jersey Flood Risk Notification Law, P.L. 2023, c.93, now requires New Jersey property owners to disclose specific flood risk information to prospective tenants and buyers. This requirement went into effect on March 20, 2024.
The law requires all landlords to notify their tenants if the property they are leasing is located in the FEMA Special Flood Hazard Area or Moderate Risk Flood Hazard Area. If a landlord has actual knowledge that the property has experienced flooding, they must inform tenants of that fact also.
Residential landlords must additionally include a separate notice in each residential lease advising tenants that flood insurance may be available through FEMA’s National Flood Insurance Program.
The new law allows tenants to terminate their leases if the landlord fails to comply. Moreover, a tenant may pursue damages if a landlord fails to disclose a known flood risk and flooding causes damage to a tenant’s personal property or the leased property.
Prior to entering into a contract for sale, New Jersey property sellers must inform potential purchasers if the property is located in the FEMA Special or Moderate Risk Flood Hazard Area. Sellers must inform potential purchasers of their actual knowledge of the property’s flood risk.
New Jersey property owners can find a comprehensive list of the eight specific disclosures that the New Jersey Flood Risk Notification Law requires of them in the Property Disclosure Form, as well as copies of the Flood Risk Notice, on this page of the DEP’s website.
From DEP website: This tool provides basic information regarding a property’s current and future flood risk. Users may search for their property by mailing address to find flood risk information necessary to complete certain sections of the Flood Risk Notice and/or property condition disclosure statement.
AssociateMeredith Rubin is an associate practicing in Connell Foley LLP’s Commercial Litigation, Environmental Law, and Regulatory Affairs and Compliance Groups.
Prior to joining the firm, Meredith served as a law clerk for the ...
PartnerRichard P. DeAngelis Jr. is an experienced real estate practitioner, well-known and respected in the areas of redevelopment, eminent domain, and property tax appeals.
Rich has successfully opposed efforts by municipalities to ...