With the recent increase in storms that have wreaked havoc in Westchester County by bringing severe flooding and causing incalculable amounts of property damage, the County has passed a new law, called the “Flood History Disclosure Law” requiring landlords to provide any potential tenant with a Flood History Disclosure form regarding the property before the lease is signed.
What changes were made by the Flood History Disclosure Law?
As of August 15, 2022, the new law compels landlords of residential and commercial properties to provide a written notice to prospective tenants or sub-tenants stating whether the property is located in a FEMA-designated Special Flood Hazard Area. The law also requires landlords, to the best of their knowledge, to notify prospective tenants or sub-tenants of any flooding that has caused damage to any portion of the property within the last ten years. This law also requires landlords to notify tenants or sub-tenants that are up for renewal on their lease. To streamline the process, the county has made a form that comports with this law to lessen the already strenuous burden on landlords.
What consequences befall Landlords that do not follow this law?
If a landlord does not follow this law and the tenant or sub-tenant sustains flood damage during their lease, the tenant or subtenant may file suit against the landlord in court for the recovery of such damages.
These changes make it more important than ever to speak with an attorney that is well versed in landlord-tenant matters. Clair Gjertsen & Weathers PLLC is experienced at drafting and negotiating leases to remove any stress from this already complex process. We offer free initial consultations to see how we can best lead you through any leasing matter. Please give us a call at 914.472.6202.
These changes make it more important than ever to speak with an attorney that is well versed in landlord-tenant matters. Clair Gjertsen & Weathers PLLC is experienced at drafting and negotiating leases to remove any stress from this already complex process.