NY · Flood-disclosure law

Does a New York seller have to disclose flooding?

New York's Property Condition Disclosure Act (Real Property Law Art. 14, esp. RPL 462 and 465) requires sellers of residential real property to deliver a completed Property Condition Disclosure Statement to the buyer before contract signing. The Act was amended by 2023 N.Y. Laws ch. 484 (S5400/A1967), signed Sept. 22, 2023 and effective ~March 20, 2024, which added detailed flood-risk disclosure questions and eliminated the long-standing $500 credit that previously let sellers skip the statement.

New York at a glance

Flood-specific disclosure

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

DisclosureRequired

Opt-outNone

Primary-source verified· verified June 16, 2026

N.Y. Real Property Law §§ 462, 465 (Property Condition Disclosure Act), as amended by 2023 N.Y. Laws ch. 484 (S5400/A1967); former § 467 repealed

The 4-card answer

New York flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

New York's Property Condition Disclosure Act (Real Property Law Art. 14, esp. RPL 462 and 465) requires sellers of residential real property to deliver a completed Property Condition Disclosure Statement to the buyer before contract signing. The Act was amended by 2023 N.Y. Laws ch. 484 (S5400/A1967), signed Sept. 22, 2023 and effective ~March 20, 2024, which added detailed flood-risk disclosure questions and eliminated the long-standing $500 credit that previously let sellers skip the statement.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

N.Y. Real Property Law §§ 462, 465 (Property Condition Disclosure Act), as amended by 2023 N.Y. Laws ch. 484 (S5400/A1967); former § 467 repealedPrimary-source verified· verified June 16, 2026

What triggers the duty

Sale of residential real property (1-4 family dwelling) by an owner
Statement due to buyer before buyer signs the binding contract of sale
Flood items: location in FEMA 100-year floodplain; location in 500-year floodplain; property subject to a federal requirement to maintain flood insurance; prior federal flood disaster assistance; current flood insurance status; history of flood-damage claims

Penalties & remedies

A seller who willfully fails to perform the requirements of the Act is liable for the actual damages suffered by the buyer in addition to any other existing equitable or statutory remedy (RPL 465, as amended). The former $500-credit liability cap/opt-out was repealed.

Buyer remedy: Buyer may recover actual damages caused by a willful failure to disclose, plus any other available equitable or statutory remedies; the prior limitation to a $500 credit no longer applies.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Historically (pre-March 2024) a seller could deliver a $500 credit at closing in lieu of providing the disclosure statement; that opt-out was REMOVED by ch. 484 (S5400). No opt-out exists now.

Research note ▾

S5400 (Ch. 484) fetched and confirmed: adds flood-risk questions to the RPL 462 disclosure statement (100-yr/500-yr FEMA floodplain, federal flood-insurance requirement, current flood insurance, prior federal flood assistance, history of flood-damage claims), repeals the $500-credit opt-out, and revises RPL 465 to impose actual-damages liability for willful failure. Effective ~March 20, 2024 (180 days after Sept. 22, 2023 signing). See _meta.case_studies.ny_500_optout for the $500 trap detail.

Buyer's rights

If you're buying in New York

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What New York law gives you as a buyer

New York requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Buyer may recover actual damages caused by a willful failure to disclose, plus any other available equitable or statutory remedies; the prior limitation to a $500 credit no longer applies.

N.Y. Real Property Law §§ 462, 465 (Property Condition Disclosure Act), as amended by 2023 N.Y. Laws ch. 484 (S5400/A1967); former § 467 repealed

Your pre-closing checklist (works in every state)

Pull a free FEMA flood-zone lookup
Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.
msc.fema.gov ↗
Request a CLUE / loss-history report
A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.
LexisNexis consumer disclosure ↗
Get an independent inspection — ask about water
Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.
Get a flood-insurance quote before you waive contingencies
Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.
floodsmart.gov ↗

Compare another state

Switch states without leaving

The decoder below is pre-selected to this state. Pick another to compare.

Step 1 — Pick your state

Step 2 — Your answer

New York

Does the seller have to disclose flooding?

Disclosure required

Flood-specific disclosure

New York's Property Condition Disclosure Act (Real Property Law Art. 14, esp. RPL 462 and 465) requires sellers of residential real property to deliver a completed Property Condition Disclosure Statement to the buyer before contract signing. The Act was amended by 2023 N.Y. Laws ch. 484 (S5400/A1967), signed Sept. 22, 2023 and effective ~March 20, 2024, which added detailed flood-risk disclosure questions and eliminated the long-standing $500 credit that previously let sellers skip the statement.

The statute or the state-mandated form has dedicated flood questions — flood-zone status, flood history, prior claims, or flood-insurance history.

N.Y. Real Property Law §§ 462, 465 (Property Condition Disclosure Act), as amended by 2023 N.Y. Laws ch. 484 (S5400/A1967); former § 467 repealedPrimary-source verified· verified June 16, 2026

What triggers the duty

Sale of residential real property (1-4 family dwelling) by an owner
Statement due to buyer before buyer signs the binding contract of sale
Flood items: location in FEMA 100-year floodplain; location in 500-year floodplain; property subject to a federal requirement to maintain flood insurance; prior federal flood disaster assistance; current flood insurance status; history of flood-damage claims

Penalties & remedies

A seller who willfully fails to perform the requirements of the Act is liable for the actual damages suffered by the buyer in addition to any other existing equitable or statutory remedy (RPL 465, as amended). The former $500-credit liability cap/opt-out was repealed.

Buyer remedy: Buyer may recover actual damages caused by a willful failure to disclose, plus any other available equitable or statutory remedies; the prior limitation to a $500 credit no longer applies.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. Historically (pre-March 2024) a seller could deliver a $500 credit at closing in lieu of providing the disclosure statement; that opt-out was REMOVED by ch. 484 (S5400). No opt-out exists now.

Research note ▾

S5400 (Ch. 484) fetched and confirmed: adds flood-risk questions to the RPL 462 disclosure statement (100-yr/500-yr FEMA floodplain, federal flood-insurance requirement, current flood insurance, prior federal flood assistance, history of flood-damage claims), repeals the $500-credit opt-out, and revises RPL 465 to impose actual-damages liability for willful failure. Effective ~March 20, 2024 (180 days after Sept. 22, 2023 signing). See _meta.case_studies.ny_500_optout for the $500 trap detail.

Summary of New York law as of June 2026. Not legal advice.

Full New York page

Editorial review

Professional review in progress

We are recruiting a licensed real-estate attorney or title professional to review these summaries before this site applies for advertising. Until then, treat every page as informational only.

Related states

New Mexico All states North Carolina