New Jersey § 56:8-19

§ 56:8-19.

a. A seller of real property located in this State shall disclose, on the property

condition disclosure statement, whether the property is located in the FEMA Special

or Moderate Risk Flood Hazard Area and any actual knowledge of the seller concerning

flood risks of the property, as required pursuant to this section, to the purchaser

before the purchaser becomes obligated under any contract for the purchase of the

property. b. The Division of Consumer Affairs, in consultation with the Department of Environmental

Protection, Department of Community Affairs and New Jersey Real Estate Commission,

in addition to any other question as the director deems necessary, shall add the following

specific questions and information to the property condition disclosure statement

concerning certain flood risks to a property being sold. The division shall revise the regulations promulgated pursuant to subsection c.

of section 1 of P.L.1999, c. 76 ( C.56:8-19.1 ) with which the form of the property condition disclosure statement must comply to

incorporate the requirements of this subsection, but in advance of such rulemaking

the division shall make the revised form which includes the specific questions and

information required by this subsection and subsection c. of this section, if applicable,

available for use by publishing the revised form on the division's website. A seller of real property shall be required to use the revised form beginning on

the 90th day following its publication on the division's website. The additions to the property condition disclosure statement shall contain the heading

“Flood Risk” and contain questions, and space for sellers to answer yes, no, or unknown. If a seller answers yes to any question, the disclosure statement shall require

the seller to explain the answer. The disclosure statement shall contain the following questions and explanatory language: (1) Is any or all of the property located wholly or partially in the Special Flood

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

maps for your area? (2) Is any or all of the 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 your area? (3) Is the property subject to any requirement under federal law to obtain and maintain

flood insurance on the property? Properties in the special flood hazard area, also known as high-risk flood zones,

on FEMA's flood insurance rate maps with mortgages from federally regulated or insured

lenders are required to obtain and maintain flood insurance. Even when not required, FEMA encourages property owners in high-risk, moderate-risk,

and low-risk flood zones to purchase flood insurance that covers the structure and

the personal property within the structure. Also note that properties in coastal and riverine areas may be subject to increased

risk of flooding over time due to projected sea level rise and increased extreme storms

caused by climate change which may not be reflected in current flood insurance rate

maps. (4) Have you ever received assistance, or are you aware of any previous owners receiving

assistance, from FEMA, the U.S. Small Business Administration, or any other federal

disaster flood assistance for flood damage to the property? For properties that have received federal disaster assistance, the requirement to

obtain flood insurance passes down to all future owners. Failure to obtain and maintain flood insurance can result in an individual being

ineligible for future assistance. (5) Is there flood insurance on the property? A standard homeowner's insurance policy typically does not cover flood damage. You are encouraged to examine your policy to determine whether you are covered. (6) Is there a FEMA elevation certificate available for the property? If so, the elevation certificate must be shared with the buyer. An elevation certificate is a FEMA form, completed by a licensed surveyor or engineer. The form provides critical information about the flood risk of the property and

is used by flood insurance providers under the National Flood Insurance Program to

help determine the appropriate flood insurance rating for the property. A buyer may be able to use the elevation certificate from a previous owner for their

flood insurance policy. (7) Have you ever filed a claim for flood damage to the property with any insurance

provider, including the National Flood Insurance Program? If the claim was approved, what was the amount received? (8) Has the property experienced any flood damage, water seepage, or pooled water

due to a natural flood event, such as heavy rainfall, costal storm surge, tidal inundation,

or river overflow? If so, how many times? c. The Division of Consumer Affairs, in consultation with the Department of Environmental

Protection, shall include in the disclosure requirements and form to be distributed

to purchasers of real property before the purchaser becomes obligated under any contract

for the purchase of the property, that Statewide flood risks are increasing and that

the purchaser may review these risks by going to the website that the Department of

Environmental Protection shall create and ensure is managed with current and scientifically

supported information, and 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

statute. 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.