New Jersey § 46:8-50

§ 46:8-50.

1. a. Every landlord shall notify each of the landlord's tenants prior to lease signing or renewal, whether a property is located in the FEMA Special

Flood Hazard Area (“100-year floodplain”) or Moderate Risk Flood Hazard Area (“500-year

floodplain”) and if the landlord has actual knowledge that the rental premises or

any portion of the parking areas of the real property containing the rental premises

has been subjected to flooding. Seasonal rentals of less than 120 days shall be exempt from the requirements of

this section. Each new tenant shall be provided the notices required pursuant to this section in writing and prior to the time that the lease of the rental unit is signed . If the lease is in writing, the notice required under this subsection may be included

in the written lease or the written renewal lease, provided that, in the case of a

residential lease, the notice is a separate rider, individually signed or otherwise

acknowledged by the tenant, and written in not less than 12-point typeface. b. The Department of Community Affairs, in consultation with the Department of Environmental

Protection, shall develop and published on its website and in the New Jersey Register

a model notice to be used by landlords pursuant to this section. The model notice shall contain the heading “Flood Risk” and contain questions, and

space for landlords to answer yes, no, or unknown, based upon the landlord's actual

knowledge. The questions regarding the property being located in a FEMA Special or Moderate

Risk Flood Hazard Area shall not contain the option for unknown. The model notice shall include the following information in substantially similar

language: (1) Is any or all of the rental property located wholly or partially in the Special

Flood Hazard Area (”100-year floodplain”) according to FEMA's current flood insurance

rate maps for the leased premises' area?; (2) Is any or all of the rental property located wholly or partially in a Moderate

Risk Flood Hazard Area (”500-year floodplain”) according to FEMA's current flood insurance

rate maps for the leased premises' area?; and (3) Has the rental premises or any portion of the parking areas of the real property

containing the rental premises subject to the lease ever experienced any flood damage,

water seepage, or pooled water due to a natural flood event? If so, how many times? c. Every residential lease shall also contain the following notice to tenants: “Flood

insurance may be available to renters through FEMA's National Flood Insurance Program

to cover your personal property and contents in the event of a flood. A standard renter's insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.” d. The Department of Community Affairs, in consultation with the Department of Environmental

Protection, shall create and prepare a notification that Statewide flood risks are

increasing and that the tenant may review these risks by going to the website that

the Department of Environmental Protection shall ensure is managed with current and

scientifically-supported information, which is linked to and published on the website

of the Department of Community Affairs. The Department of Environmental Protection's website shall at a minimum include

information that helps property owners provide the disclosures enumerated in this

section. The website shall include access to a user-friendly look-up tool searchable by mailing

address that identifies if a property is in the FEMA Special or Moderate Risk Flood

Hazard Area. The requirement to disclose if the property is in the FEMA Special or Moderate Risk

Flood Hazard Area, beyond actual knowledge, shall take effect after the website look-up

tool is in place. e. If a landlord violates this section by failing to disclose that the property is

located in the FEMA Special or Moderate Risk Flood Hazard Area and a tenant subsequently

becomes aware that the property is located in the FEMA Special or Moderate Risk Flood

Hazard Area, the tenant may terminate the lease by giving a written notice of termination

to the landlord. If a landlord violates this section and flooding occurs that results in damage to

a tenant's personal property, affects the habitability of the leased premises, or

affects the tenant's access to the leased premises, the tenant may pursue all legal

remedies under the law to recover damages recognizing the landlord's failure to disclose

critical information. Termination of a lease under this subsection is effective when the tenant surrenders

possession of the dwelling. f. Not later than the 30th day after the effective date of the termination of a lease

under subsection f. of this section, the landlord shall refund to the tenant all rent

or other amounts paid in advance under the lease for any period after the effective

date of the termination of the lease. g. For the purposes of this section, “ landlord ” means any person who rents or leases, for a term of at least one month, commercial

space or residential dwelling units other than dwelling units in a premises containing

not more than two such units, or in an owner-occupied premises of not more than three

dwelling units, or in hotels, motels, or other guest houses serving transient or seasonal

guests defined as those who rent a property for a period of less than 120 days .