NJ Homebuyers, Renters Deserve To Know About Flood Risks, Senator Says

ESSEX COUNTY, NJ — Dealing with the aftermath of a flood can be an extremely distressing – or possibly devastating – ordeal. And that’s why New Jersey homeowners and renters deserve to know what they’re getting into before they move, according to Sen. Richard Codey.

On Monday, the New Jersey Senate voted unanimously in favor of S-3110. If it becomes law, the bill would require home sellers and landlords to notify prospective buyers and renters if a property is at risk from flooding.

According to Codey, who represents the 27th district (Essex, Morris counties):

“The bill would require the Department of Community Affairs to create a model notice used by realtors and landlords to notify prospective buyers or renters of flooding risks to the property before they become obligated under any contract. The form would indicate if any of the property is located in a Federal Emergency Management Agency designated floodplain, a Special Flood Hazard Area or a Risk Flood Hazard Area and if the property has ever experienced any flood damage in the past.”

New Jersey’s disclosure laws do not explicitly require that a seller tell a home buyer about past flood damages, an attorney with the Natural Resources Defense Council said in an August report.

In New Jersey, 7,944 homes were purchased in 2021 that were estimated to have been previously flooded. The expected annual flood damages for these sold homes were estimated to be over $18 million, the report said.

“The damage caused by floods can bring irreparable damage to valuable items, and it is critical that residents are aware of flooding risks prior to one occurring,” said Codey, who is sponsoring the bill alongside Sen. Bob Smith of the 17th district (Middlesex, Somerset counties).

“This bill would save lives and money by putting in place important consumer protections, ensuring that residents are aware that their home may flood before a big storm hits the state,” Codey said.

The recently redrawn 27th district includes the municipalities of Livingston, Millburn, Montclair, Roseland and West Orange in Essex County, and Clifton in Passaic County.

A companion bill, A-4783 – which counts another Essex County lawmaker, Assemblyman John McKeon as a primary sponsor – has been introduced in the state Assembly. That chamber will have to approve the bill in a full vote before it can proceed to the governor’s desk.

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