Flood disclosure

New York now runs two separate flood-disclosure regimes. On a sale, the amended Property Condition Disclosure Statement asks the seller of a one- to four-family home whether the property sits in a FEMA floodplain, in the Special Flood Hazard Area, or in the moderate risk flood hazard area, and whether it carries flood insurance, insurance claims, or federal disaster assistance for flood damage — effective March 20, 2024, with no more flat-fee opt-out for skipping the form.

On a lease, Real Property Law §231-b requires landlords to attach a flood history and risk notice to every residential lease, disclosing the same floodplain facts plus any prior flood damage from a natural flood event the landlord knows or should know about, alongside a standing notice that renters can buy flood insurance through FEMA's National Flood Insurance Program. The two duties run on different statutes and different forms, and both can apply to the same property at different points in its life.