New Flood Disclosures Will Protect NJ Consumers

The risk of flooding in New Jersey is, unfortunately, on the rise. According to the NJ Department of Environmental Protection, “Coastal and inland areas may experience significant flooding now and shortly, including in places that were not previously known to flood. For example, by 2050, sea-level rise will likely meet or exceed 2.1 feet above 2000 levels, putting over 40,000 New Jersey properties at risk of permanent coastal flooding.”

Here in towns like Millburn, Maplewood, Montclair, and Morristown, we have all seen this firsthand with more frequent heavy rainstorms that are often more than our basements can handle. Sump pumps and drainage systems are now commonplace or being installed by owners who have not previously had any issues in their home. After every big storm, our team receives several calls from residents asking for recommendations for a contractor who can help them deal with a new water issue or repair water damage.

In July of 2023, Governor Phil Murphy signed legislation requiring sellers of real property and landlords to make certain notifications concerning flooding. The new law is designed to provide prospective homebuyers and renters with critical information needed to make informed decisions on where they choose to live and how best to protect their property from flood damage.

Under the new law, sellers of real property and landlords must disclose their knowledge of a property’s history of flooding, flood risk, and location in a flood zone. Landlords must also notify their tenants about the availability of insurance through the National Flood Insurance Program.

New flood disclosures for sales and rentals will go into effect on March 20th.

For Sellers

Every seller of real property must now disclose specific flood risk information via a property condition disclosure statement before the purchaser becomes obligated under any property purchase contract, including:

• Whether the property is located in a FEMA Special Flood Hazard Area or Moderate Flood Hazard Area, and
• Actual knowledge concerning flood risks of the property.

For Landlord and Tenants

Every landlord must now provide notice to prospective renters, including:

• Whether the rental property is located in a FEMA Special Flood Hazard Area or Moderate Flood Hazard Area, and
• Actual knowledge that the rental premises or any portion of the rental premises, such as tenant parking spaces, have been subjected to flooding.

The DCA has shared a link that will help owners determine whether or not any portion of their property is in a flood zone. Here is the link so you can search your property address.

If you have any questions about preparing your home for sale or rent, including proper disclosure of flood history or other defects, please reach out. You can email me at [email protected].

The Allison Ziefert Real Estate Group is a top-producing real estate team based at Compass in Short Hills, New Jersey. We are local market experts, specializing in real estate and homes in Maplewood, South Orange, Millburn/Short Hills, Montclair/Glen Ridge, West Orange, Morristown, and the surrounding New Jersey towns. We’ve also got you covered coast to coast with the best connections to top agents around the country in any market you are exploring. We are driven by earning great testimonials and referral business from happy clients.