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What the Law Requires
Under Section 231-B of New York State's Real Property Law, every residential lease must now include specific flood disclosures. Before you sign, your landlord is legally required to tell you:
- Whether any part of the apartment is located in a FEMA-designated Special Flood Hazard Area (the "100-year floodplain")
- Whether any part of the apartment is in a Moderate Risk Flood Hazard Area (the "500-year floodplain")
- Any prior flood damage to the apartment from a natural flood event — heavy rainfall, coastal storm surge, tidal inundation, or river overflow — that the landlord knows or reasonably should know about
The law also requires every residential lease to include a notice informing tenants that flood insurance is available to renters through FEMA's National Flood Insurance Program (NFIP) to cover personal property and contents.
Why This Matters
This law exists because of hard experience. Hurricanes Ida and Henri caused catastrophic damage to thousands of NYC apartments — much of it in units whose tenants had no idea they were in flood-prone areas. Basement and ground-floor apartments are especially vulnerable. During Ida, people died in flooded basement apartments in Queens.
Renters' personal belongings are not covered by a landlord's insurance. If your apartment floods and you don't have renter's flood insurance, your losses come out of your own pocket. Knowing your flood risk before you sign lets you make an informed decision — and decide whether to buy coverage.
How to Check Your Own Flood Risk
You don't have to rely solely on your landlord's disclosure. You can check any NYC address yourself:
- FEMA Flood Map Service Center at msc.fema.gov — enter your address to see your flood zone designation
- NYC Flood Hazard Mapper — the city's own tool showing current and future flood risk projections
Flood zone designations starting with "A" or "V" indicate the highest-risk areas, where flood insurance is typically required for owners with federally backed mortgages.
What to Do With This Information
If your apartment is in a flood zone:
- Consider renter's flood insurance through NFIP. It is separate from standard renter's insurance, which typically excludes flood damage. Premiums for renters are often modest relative to the protection.
- Keep valuables and important documents off the floor, especially in basement or ground-floor units.
- Know your building's evacuation routes and the location of your nearest higher ground.
If your landlord didn't disclose flood risk:
- The disclosure is a legal requirement. A landlord's failure to comply may be relevant in a dispute, especially if you later suffer flood damage that disclosure would have warned you about.
A Note for Co-op Residents
Section 231-B applies to residential leases. Because co-op shareholders hold proprietary leases rather than standard rental leases, whether the disclosure requirement applies to co-ops is a question on which legal sources differ. Co-op residents and buyers should consult the board or legal counsel regarding specific disclosure obligations — and, regardless of the technical requirement, should ask the board directly about the building's flood history and whether it carries flood insurance.
Frequently Asked Questions
Does my landlord have to tell me if my apartment floods? Yes. Under Section 231-B of New York State's Real Property Law, every residential lease must now include specific flood disclosures. Before you sign, your landlord is legally required to tell you whether any part of the apartment is in a FEMA-designated Special Flood Hazard Area (the "100-year floodplain"), whether any part is in a Moderate Risk Flood Hazard Area (the "500-year floodplain"), and any prior flood damage to the apartment from a natural flood event — heavy rainfall, coastal storm surge, tidal inundation, or river overflow — that the landlord knows or reasonably should know about. The lease must also include a notice that flood insurance is available to renters through FEMA's National Flood Insurance Program to cover personal property and contents.
Does renter's insurance cover flood damage? Usually not. Standard renter's insurance typically excludes flooding, so if your apartment floods and you rely only on a standard policy, your losses come out of your own pocket — and a landlord's insurance doesn't cover your belongings either. To be protected, you need a separate flood insurance policy, available to renters through FEMA's National Flood Insurance Program (NFIP); it's distinct from standard renter's insurance and premiums for renters are often modest relative to the protection. This gap matters most in basement and ground-floor apartments, which are especially vulnerable, and anywhere your lease's flood disclosure shows you're in a flood zone. Knowing your risk before you sign lets you decide whether to buy the coverage.
How do I find out if my NYC apartment is in a flood zone? You don't have to rely solely on your landlord's disclosure — you can check any NYC address yourself. Use the FEMA Flood Map Service Center at msc.fema.gov and enter your address to see your flood zone designation, and cross-check the NYC Flood Hazard Mapper, the city's own tool that shows current and future flood-risk projections. Flood zone designations starting with "A" or "V" indicate the highest-risk areas, where flood insurance is typically required for owners with federally backed mortgages. Checking yourself is worthwhile because the stakes are real: Hurricanes Ida and Henri caused catastrophic damage to thousands of NYC apartments, much of it to tenants who had no idea they were in flood-prone areas, and during Ida people died in flooded basement apartments in Queens.
Does the flood disclosure law apply to co-ops? It may — legal sources differ. Section 231-B applies to residential leases, and because co-op shareholders hold proprietary leases rather than standard rental leases, whether the disclosure requirement reaches co-ops is a genuinely open question: some legal commentators argue §231-B applies, while others contend the law wasn't intended to cover co-ops. Given that uncertainty, co-op residents and buyers should consult the board or legal counsel regarding their specific disclosure obligations. And regardless of the technical requirement, it's prudent to ask the board directly about the building's flood history and whether the building carries flood insurance — those answers matter for your own risk and coverage decisions no matter how the legal debate resolves.
Related NYC Housing Guides
- What Is the Warranty of Habitability?
- Security Deposit Rules in NYC
- How to Check HPD Violations for Any NYC Building
Sources: NY Real Property Law §231-B; FEMA National Flood Insurance Program; legal commentary varies (CooperatorNews New York; Smith Buss & Jacobs LLP). This article is for informational purposes only and does not constitute legal advice.
