Assembly Bill A7876A

2021-2022 Legislative Session

Requires disclosure of information concerning flood insurance on residential leases

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5472 - Passed Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2021-A7876 - Details

See Senate Version of this Bill:
S5472
Law Section:
Real Property Law
Laws Affected:
Add §231-b, RP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8439
2023-2024: A1967, S5400

2021-A7876 - Summary

Requires every residential lease to provide notice of information concerning flood insurance.

2021-A7876 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7876
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 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  disclo-
   sure  of  information concerning flood insurance on property condition
   disclosure statements; and to repeal section 467 of the real  property
   law relating to liability with respect to property disclosures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 462 of the real property  law,  as
 added by chapter 456 of the laws of 2001, is amended to read as follows:
   2. The following shall be the disclosure form:
 
                  PROPERTY CONDITION DISCLOSURE STATEMENT
 
 NAME OF SELLER OR SELLERS:
 
 PROPERTY ADDRESS:
 
   THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
 TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
 BUYER OF A BINDING CONTRACT OF SALE.
   PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
 ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
   A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
 MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A7876A (ACTIVE) - Details

See Senate Version of this Bill:
S5472
Law Section:
Real Property Law
Laws Affected:
Add §231-b, RP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8439
2023-2024: A1967, S5400

2021-A7876A (ACTIVE) - Summary

Requires every residential lease to provide notice of information concerning flood insurance.

2021-A7876A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7876--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, WALKER, GALLAGHER, BARNWELL, JONES,
   ANDERSON, STERN, ROZIC, QUART, PAULIN, CYMBROWITZ,  GOTTFRIED,  DINOW-
   ITZ,  GRIFFIN,  NOLAN, ABINANTI, SANTABARBARA, L. ROSENTHAL, McDONALD,
   LAVINE, THIELE, OTIS, HEVESI, DAVILA, SEAWRIGHT, D. ROSENTHAL,  LUPAR-
   DO,  JACOBSON,  FERNANDEZ,  O'DONNELL,  CUSICK, KELLES, BURDICK, FAHY,
   GALEF, STECK, MAGNARELLI, WOERNER,  BARRETT,  STIRPE,  SIMON,  HUNTER,
   DURSO,  GANDOLFO,  NIOU, CRUZ, MIKULIN, MONTESANO, ENGLEBRIGHT -- read
   once and referred to the Committee on Judiciary -- recommitted to  the
   Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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:
 
   Section  1.   The real property law is amended by adding a new section
 231-b to read as follows:
   § 231-B. FLOOD HISTORY AND RISK NOTICE IN RESIDENTIAL LEASES. 1. EVERY
 RESIDENTIAL LEASE SHALL PROVIDE  NOTICE  OF  THE  FOLLOWING  INFORMATION
 RELATED  TO  THE  PREVIOUS  FLOOD  HISTORY AND CURRENT FLOOD RISK OF THE
 LEASED PREMISES, AS FOLLOWS:
   (A) WHETHER ANY OR ALL OF THE LEASED PREMISES  IS  LOCATED  WHOLLY  OR
 PARTIALLY  IN  A FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") DESIGNATED
 FLOODPLAIN;
   (B) WHETHER ANY OR ALL OF THE LEASED PREMISES  IS  LOCATED  WHOLLY  OR
 PARTIALLY  IN  THE  SPECIAL  FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOOD-
 PLAIN") ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE  MAPS  FOR  THE
 LEASED PREMISES' AREA;
   (C)  WHETHER  ANY  OR  ALL OF THE LEASED PREMISES IS LOCATED WHOLLY OR
 PARTIALLY IN A MODERATE RISK FLOOD HAZARD AREA  ("500-YEAR  FLOODPLAIN")

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02362-03-2
 A. 7876--A                          2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.