NJ Bill Would Inform Home Buyers, Renters Of Flood Risks: Sen. Codey

NEW JERSEY — Sen. Richard Codey has thrown his support behind a proposed state law that would require home sellers and landlords to tell buyers and renters if their property may be at risk from flooding.

Last week, the New Jersey Senate Environment and Energy Committee unanimously advanced S-3110, putting it in line for a potential vote in that chamber. Read its full text here.

The bill, which was introduced by Sen. Bob Smith (D-17) in September, picked up “yes” votes from all five members of the committee, including Codey, the former governor of New Jersey who now represents the state’s 27th Legislative district in Essex and Passaic counties.

According to a statement from Codey’s office, here’s what S-3110 will do if it becomes law:

“The bill would require the Department of Community Affairs to create a form 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.

“Dealing with the aftermath of a flood can be an extremely distressing situation for homeowners and renters,” Codey said.

“The damage caused by floods can bring irreplaceable damage to valuable items and it is critical that residents are aware of their perceived risk of flooding prior to it occurring,” he added. “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.”

According to Smith, a single inch of flooding can cost homeowners and renters up to $25,000.

“We have seen storms in recent years cause catastrophic flood damage to homes, with residents sometimes unaware that they were living in a flood-prone area,” Smith said. “Disclosing flood risk information during a real estate transaction is a timely and effective way to inform potential renters and homeowners of potential flooding risks so they may be better informed when deciding where to live.”

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

Send news tips and correction requests to eric.kiefer@patch.com. Learn more about advertising on Patch here. Find out how to post announcements or events to your local Patch site.