March 15, 2024 in Miscellaneous

New Jersey Flood Risk Notification Law Enacted

Flood risks in the state of New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now, and in the near future, including in places that were not previously known to flood. In addition, precipitation intensity in the state of New Jersey is increasing at levels significantly above historic trends, placing inland properties at greater risk of flash flooding. These and other coastal and inland flood risks are expected to increase within the life of a typical mortgage originated in or after 2020. In response to these increasing risks across the state, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023. The law requires landlords and sellers of real property to make certain disclosures concerning known and potential flood risks.

Effective March 20, 2024, Owners/Agents and Landlords of NJ rental properties must disclose the risk of flooding or potential flooding to tenants at their properties under this New Jersey Flood Risk Notification law. Owners/Agents and Landlords in New Jersey will need to access the Flood Risk Notification Tool online at https://experience.arcgis.com/experience/d5d503eb2d3248218632570097e4efa8 and enter their project address to obtain the Flood Risk Notification Report information for their properties, which must then be disclosed on the NJ Flood Risk Notice to tenants. The NJ Flood Risk Notice must be provided to, signed and dated by each new applicant/tenant at time of move-in and must also be provided to, signed and dated by each existing, in-place tenant prior to their next lease renewal date. Executed Flood Risk Notices must be retained in the tenant file and a copy provided to tenants.

For more information on the New Jersey flood risk notification law please visit https://dep.nj.gov/flooddisclosure/#fema-flood-zones.