Q: As per N.J.S.A. 46:8-50, my landlord and his realtor never notified me I was moving into a FEMA AE flood zone with SPHA
I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did not know, can I ask him to reimburse me the $750 deductible for my car? This area is a know AE FEMA flood zone, flood plane and considered a Special Flood Hazard Area. I moved here in 2009, it was never on any lease. Both landlord and his realtor know the area well and have lived in the town.
There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).
If yours is not an exception, you should reach out to a local attorney for a consultation. Start your search here: https://answers.justia.com/
Universal Citation: NJ Rev Stat § 46:8-50 (2015)
46:8-50. Notification to tenants if property is in flood zone
1.Every landlord shall notify each of the landlord's tenants upon the event that the rental property which is the subject of a lease has been determined to be located in a flood zone or area. Each new tenant shall be notified prior to the time that occupancy of the rental unit is assumed. 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.
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