What's happening
This bill allows municipalities to buy private homes in floodplains, demolish structures, and dedicate the land as open space.
Why it matters
Targets flood-prone properties for public acquisition. By focusing on homes in floodplains, the bill aims to reduce future disaster risks, cut long-term emergency costs for local governments, and improve community safety by permanently removing vulnerable structures.
Ensures fair compensation to homeowners. Homeowners are offered up to the pre-flood fair market value for their properties, which may help alleviate financial losses for those whose homes have been damaged or are at high risk.
Shifts financial responsibilities. Municipalities must cover all standard transaction costs (appraisals, title searches, closing costs), lowering barriers for sellers; however, homeowners remain responsible for any outstanding mortgages or liens, and for their own relocation expenses.
Voluntary participation with ongoing risk for non-sellers. Property owners are not forced to sell, but if they stay, they may be required to make costly flood mitigation upgrades, such as elevating their homes, in order to remain in compliance with local safety standards.
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Who cares
Headline styles
Let Towns Buy Flood Homes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to economic development
- Referred to economic development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Towns Buy Flood Homes
In Senate Committee · Corporations, Authorities And Commissions · Sponsor Joseph A. Griffo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8939
IN ASSEMBLY
January 2, 2020
Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Economic Development
AN ACT to amend the New York state urban development corporation act, in relation to authorizing municipalities to purchase private residential real property located in a floodplain
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 15-a to read as follows:
§ 15-a. Special provisions relating to private residential real property located in a floodplain. (1) Notwithstanding any provision of law to the contrary, but subject to any agreement with noteholders or bondholders, any city, town or village is hereby authorized to purchase private residential real property which is located in a floodplain.
(2) Notwithstanding any provision of law to the contrary, any structure which is located on private residential real property located in a floodplain which is purchased by a city, town or village shall be demolished.
(3) Notwithstanding any provision of law to the contrary, private residential real property acquired pursuant to this section shall be deemed public property and such property shall be dedicated as open space.
(4) A city, town or village may offer to purchase private residential real property which is located in a floodplain for an amount up to or equal to the fair market value of such property as such property is or was valued prior to any flood damage.
(5) A city, town, or village which elects to purchase private residential real property which is located in a floodplain shall pay all costs typically associated with the sale of private residential real property, including, but not limited to, fees for an appraisal, title search, or lot survey and any associated closing costs. The seller of such private residential real property shall be responsible for the payment of any mortgage, lien or other financial encumbrance on such property, as well
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13898-01-9
A. 8939 2
as for any moving costs or costs associated with renting or buying new property.
(6) No owner of private residential real property which is located in a floodplain shall be required to relinquish his or her real property; provided, however, that owners of such private residential real property may need to take risk mitigation measures, such as elevating any structures on such property.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.