Flood Disclosures
New Flood History Disclosures Mandatory Since March 20, 2024
As flood risks continue to grow in New Jersey, the state of New Jersey has now mandated new flood history disclosure requirements for all sellers and landlords.
On March 20, 2024, New Jersey mandated all sellers and certain landlords to use the new flood history disclosure forms including new questions on the seller's property condition disclosure statement and a new rental flood risk notice.
New Jersey Realtors® contract of sale, lease, and seller's property condition disclosure statement are now updated on zipForm, New Jersey Realtors® forms provider included with your membership.
Disclosures Required
Mandatory flood history disclosure requirements for sellers and landlords.
Flood Mapping Tool
Online flood mapping tool from the Department of Environmental Protection to assist sellers and landlords.
FREQUENTLY ASKED QUESTIONS
Yes, while the law does not mandate the use of the full seller’s property condition disclosure statement at this time, it does mandate the seller to answer all questions under the new heading entitled “Flood Risk” on the seller’s property condition disclosure form.
Yes, our contract of sale and residential lease have been updated to comply with the new law.
Pursuant to the new law, there is also a new mandatory notice with the Lease, "LANDLORD'S NOTICE TO TENANT REGARDING FLOOD RISK".
All New Jersey Realtors® licensed form vendors have been made aware of the new requirements and are in the process of making all of the necessary changes .
No. The new law does not apply to rentals of 120 days or less.
Yes, you are required to disclose the property's flood history to tenants prior to the signing of a lease renewal.
No, only certain landlords are required to provide the Flood Risk Notice. This notice is not required to be given in one- and two-unit residential buildings, or in an owner-occupied three-family dwelling, or in hotels, motels, or other guest housing serving transient or seasonal guests defined as those who rent a property for a period of less than 120 days. N.J.S.A. 46:8-50(g).
Yes, beginning March 20, disclosure of a property's flood history to potential tenants of a commercial property is mandated prior to the signing of a lease or lease renewal. New Jersey Realtors® does not provide commercial leases.
Yes, beginning March 20, disclosure of a property's flood history to potential buyers of a commercial property is mandated prior to the signing of a contract. New Jersey Realtors® does not provide commercial contracts.
You can access the Flood Risk Notification Tool on the Department of Environmental Protection's website here.
You can log into zipForm, our forms provider, by clicking here.
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