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In NJ, landlords and home sellers don't have to warn you about past floods. This bill would change that.
By
Karen Yi
Published Oct 9, 2022
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By
Karen Yi
Published Oct 9, 2022
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New Jersey lawmakers are considering a bill that would warn prospective tenants or home buyers of any flood risks on properties before contracts are signed.
The flood disclosure proposal comes almost exactly a year after the remnants of Hurricane Ida caused widespread flooding in the state, killing 30 people, and just weeks ahead of the 10th anniversary of Hurricane Sandy's barrel up the coast. Supporters say it would help residents make informed decisions before moving into homes or better prepare for strong rain events — and follow other states that have implemented such protections.
“We have seen storms in recent years cause catastrophic flood damage to homes, with residents sometimes unaware that they were living in a flood-prone area,” state Sen. Bob Smith, who introduced the bill last month, said in a statement. “Disclosing flood risk information during a real estate transaction is a timely and effective way to inform potential renters and homeowners of potential flooding risks so they may be better informed when deciding where to live.”
The measure would require landlords and real estate agents to inform prospective tenants or buyers whether properties they're considering are in FEMA floodplains or other flood hazard areas, or have ever had flood damage. A tenant who experiences substantial flood damage but who wasn’t properly notified by a landlord of the risk could terminate the lease and sue to recover damages, the bill says.
Under the measure, the Department of Community Affairs would create the disclosure form that needs to be distributed to any tenants or home buyers before they are obligated under any contract for the property.
New Jersey is one of 21 states without strong flood disclosure requirements, according to the Waterfront Alliance. While its neighbor, New York, does require sellers to inform a potential buyer whether a property is in a floodplain and whether that has caused any standing water, a seller who chooses not to only needs to pay a $500 credit to the buyer in exchange. The Natural Resources Defense Council gave both states F ratings for failing to provide home buyers with adequate information.
A July 2022 report by actuarial firm Milliman found that the average New Jersey home buyer of a previously flooded property can expect to suffer about $25,000 in damages over a 15-year period. That goes up to $50,000 over a 30-year period, the report found.
It also found that in 2021, nearly 8,000 homes that previously flooded were purchased in New Jersey.
“This will ultimately provide New Jerseyans the transparency they need to make informed decisions and ultimately reduce burdens and costs for both tenants and homeowners,” Kimberley Irby, a policy manager from New Jersey Future, said during a committee hearing Thursday. New Jersey Future worked on the bill with the Realtors Association.
She said New Jersey is prone to both coastal and inland flooding, which will only worsen with climate change.
“Given that many New Jerseyans will be impacted by these threats and deserve to know the extent to which they may be affected before choosing where to live, it makes sense to pass this bill and do this now,” she said.
The New Jersey Apartment Association, however, has opposed the bill and called for reforms that would give landlords the flexibility to disclose only previous flooding that they’re aware of, not a property’s entire history of inundations.
Still, the proposal unanimously sailed through the Senate Environment and Energy Committee on Thursday.
“The damage caused by floods can bring irreplaceable damage to valuable items and it is critical that residents are aware of their perceived risk of flooding prior to it occurring,” state Sen. Richard Codey said in a statement. “This bill would save lives and money by putting in place important consumer protections, ensuring that residents are aware that their home may flood before a big storm hits the state.”
Tagged
new jersey
housing
Karen Yi
Karen Yi covers homelessness and poverty. She joined the WNYC and Gothamist newsroom in 2020. Before that, Karen covered Newark for the Star-Ledger and spent almost a decade working for newspapers in New Jersey and Florida. She grew up in Miami and has a dog named Cashew. Got a tip? Email [email protected] or Signal 917-589-1460.
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