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ARTICLE · 27 MARCH 2024

New Jersey Flood Risk Disclosure

Lowenstein Sandler LLP
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In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023...

United StatesReal Estate and Construction
Daniel Suckerman
Daniel Suckerman
Stacey C. Tyler
Stacey C. Tyler
Crystal McDonald
Crystal McDonald

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property to disclose information on specific known and potential flood risks.

As of March 20, 2024, before signing a new lease or renewing an existing lease, commercial and residential landlords must disclose whether or not the property is located in a FEMA Special Flood Hazard Area (100-year floodplain) or Moderate Risk Flood Hazard Area (500-year floodplain) and any relevant flood history at the property, including flooding to the rental premises or parking areas. For residential leases, this disclosure must be made in a statutory form; commercial landlords may incorporate the relevant information into their existing lease forms rather than using the full statutory disclosure form.

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