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New York · Real Property Law §462New York flood disclosure: the eight flood questions on the property condition disclosure statement

New York's statutory Property Condition Disclosure Statement, which the seller of a one-to-four family home delivers before the buyer signs a binding contract, includes a set of flood questions (Real Property Law §462). The seller answers whether any of the property is in a FEMA-designated floodplain; whether it's wholly or partly in the special flood hazard area (the "100-year floodplain") or in a moderate-risk flood hazard area (the "500-year floodplain") on FEMA's current flood insurance rate maps; whether federal law requires flood insurance on the property; whether the seller – or, to the seller's knowledge, a previous owner – received FEMA, SBA or other federal disaster assistance for flood damage, noting that the flood insurance requirement then passes to future owners; whether there's flood insurance on the property, attaching a copy of the policy; whether a FEMA elevation certificate is available, attaching a copy; and whether the seller ever filed a flood damage claim with any insurer, including the NFIP (§462, questions 10–17).

The flood questions (§462)

  1. 1. Flood zones (Q10–12)

    FEMA floodplain, the 100-year special flood hazard area and the 500-year moderate-risk area.

  2. 2. Insurance (Q13, Q15)

    Whether federal law requires it, and the current policy – attached.

  3. 3. Assistance and claims (Q14, Q17)

    FEMA, SBA or other federal flood aid, and any flood damage claims.

  4. 4. Elevation certificate (Q16)

    Attached if available.

What the TC can do

  • Check that the disclosure statement's flood answers are complete and the policy and elevation certificate are attached.
  • Send the flood zone and elevation certificate to the buyer's insurance agent and lender early.
  • Keep the signed statement in the deal file before the buyer signs the contract.

Questions about New York flood disclosure

Does a New York seller have to disclose past flood insurance claims?

Yes – the disclosure statement asks whether the seller ever filed a claim for flood damage with any insurer, including the NFIP (Real Property Law §462, question 17).

Does a New York seller have to provide the elevation certificate?

The statement asks whether a FEMA elevation certificate is available and, if so, to attach a copy (§462, question 16).

Add a task in ClosingCode for the seller's flood answers and attachments, with an owner and a due date.

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Source: New York Real Property Law §462 (nysenate.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.