Real Property Law Section 231-B Amendment: Mandatory Flood Provisions in Proprietary Leases
Living on Long Island or in downstate New York has a lot of benefits, including stunning beaches, bays, and rivers....but with the incredible waterways comes risk – the risk of floods. And if you have lived here for any amount of time, you know just how devastating floods can be. New York State knows this, too, and it amended Real Property Law Section 231-B in response. RPL 231-B affects residential leases, which many of us in this densely-populated area have, and requires every existing and prospective residential lease provide a notice to the tenant with respect to the leased premises advising the tenant of the following:
Partial or full inclusion in a FEMA designated flood plain;
Partial or full inclusion in a Special Flood Hazard Area;
Partial or full inclusion in a moderate risk flood hazard area; and
Flood history and current flood risk arising from natural events such as heavy rain fall, coastal surges, tidal inundation or river over flows.
The law does not relate to flooding due to broken pipes or bathroom leaks, etc.
The statute’s reference to residential leases includes proprietary leases between cooperative apartment corporations and their shareholders, subleases between shareholders and their subtenants as well as leases between unit owners in condominium and HOAs and their tenants.
The requisite notice must also apprise the lessee/tenant of the availability of flood insurance and limitations of typical policies which typically do not cover flood damage.
The rationale behind this legislation is to increase public awareness of the risk of flood damage and availability of insurance so as to encourage tenants to procure adequate protection.
The required information as to a premises' flood category designation may be obtained from FEMA’s Flood Insurance Rate Maps.
Seward & Seward has extensive experience representing residential housing cooperatives. Please contact us today to discuss how we can assist you with your needs!
516-766-1415