New York to Require Flood Disclosures in Home Sales

October 16, 2023

New York Gov. Kathy Hochul signed a bill requiring people selling their homes to disclose whether their properties have been flooded or are at risk for future flooding.

The new law comes as inland areas in the state have become more vulnerable to flooding, with climate change leading to rising sea levels and more intense storms.

The signing will make New York at least the 30th state in the country to require flood disclosures during home sales. New York has a similar law in place for rental properties.

The law closes a loophole in state law that had allowed home sellers to pay a $500 fee to avoid disclosing their homes’ flood risk.

The law also requires sellers to disclose additional information about flooding in their properties, such as whether the property is in a flood hazard area and if any flood insurance claims have been filed.

A National Climate Assessment report has found that the Northeast region is seeing the greatest increase in extreme rainfall in the country as well as a sea- level rise that is three times greater than the global average.

“As we work to fight climate change, we also have to take measures in response to the harm it is causing,” said bill sponsor Assemblymember Robert Carroll.

He added that the law will “help New Yorkers by ensuring that they have the information they need to best protect their homes against flooding at the time of making a home purchase.”

The law takes effect in March 2024.

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