ARTICLE
25 June 2024

New Jersey Flood Risk Disclosure Law To Take Effect March 20, 2024: Key Actions Sellers And Landlords Need To Take To Comply

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Porzio, Bromberg & Newman

Contributor

Porzio, Bromberg & Newman, P.C. is a full-service law firm with over 90 lawyers throughout offices in Morristown, NJ; Trenton, NJ; Ocean City, NJ; New York, NY; Westborough, MA; Wilmington, DE; Philadelphia, PA; and San Juan, Puerto Rico. The firm is committed to serving clients, providing high-quality work, and achieving results through legal strategy, advocacy, technology, and consulting services offered through the law firm and its two wholly-owned subsidiary companies. The firm provides legal services in corporate, employment, litigation, bankruptcy and restructuring, intellectual property and trademark, real estate, and other areas to businesses of all sizes ranging from start-up companies to Fortune 500 corporations, including public and private organizations.
In a move that significantly changes the disclosure requirements for commercial and residential real estate sellers and landlords in New Jersey, Governor Phil Murphy amended...
United States New Jersey Real Estate and Construction

In a move that significantly changes the disclosure requirements for commercial and residential real estate sellers and landlords in New Jersey, Governor Phil Murphy amended N.J.S.A. 46:8-50 and N.J.S.A. 56:8-19.2 (Flood Disclosure Laws or Laws). The Flood Disclosure Laws were passed in July 2023 and go into effect on March 20, 2024.

These Laws were passed primarily in response to the increased severe flooding events in New Jersey and the resultant consequences to both renters and purchasers. Generally, the Laws place the onus upon a seller and landlord to notify a prospective purchaser or tenant of whether the property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (100-year floodplain) or Moderate Risk Flood Hazard Area (500-year floodplain). Disclosure of the property's "flooding" history – however minor that may be – is also required. The Laws necessitate research by the seller and landlord prior to disclosure and also the use of specific forms and notices which include the required information to be provided.

Disclosure and notification are mandated prior to the time that a new lease or renewal lease is signed, and prior to the time that a purchaser becomes obligated under a contract for the purchase of the property. Notably, there are penalties if a seller or landlord fails to comply with the Flood Disclosure Laws.

Originally published by 03 March, 2024

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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