What's happening
This bill allows municipalities to buy private homes in floodplains, demolish structures, and convert the land to open space.
Why it matters
Protects future residents and taxpayers from repeated flood damage costs. by allowing municipalities to permanently remove vulnerable homes from floodplains, reducing long-term disaster recovery spending and insurance payouts.
Ensures fair compensation for homeowners. by requiring offers at the pre-flood market value, potentially making it easier for families to recover financially and relocate after a flood event.
Converts high-risk areas to open space. , which can improve local flood resilience, restore natural habitats, and provide community recreational opportunities rather than risk-prone redevelopment.
Maintains homeowner choice. by making participation voluntary—no owner is forced to sell—while signaling that those who remain may need to invest in their own risk mitigation (like elevating structures).
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Who cares
Headline styles
Let Towns Buy Flood Homes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to corporations, authorities and commissions
- Referred to rules
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 Assembly Committee · Economic Development · Sponsor Marianne Buttenschon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6893
2019-2020 Regular Sessions
IN SENATE
December 6, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13898-01-9
S. 6893 2
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 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.
Sponsor's memo
Title of bill
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
Summary of specific provisions
Section 1 of the bill specifies the mechanism by which a city, town or village may designate a residential area as a floodplain and how they can purchase private property. Further, this bill stipulates owners of the private property within the area designated as a floodplain are under no obligation to sell their home and that once private property has been purchased and made public it is to be dedicated as open space.
Section 2 marks the effective date.
Justification
Throughout the state of New York, especially the Mohawk Valley, Southern Tier and shores of Lake Ontario and the St. Lawrence River, there has been a persistent, pervasive and destructive pattern of flooding. Many of the floods that these regions are experiencing are exacting a devas- tating toll on residents who are unfortunate enough to find themselves in the path of these dangerous waters.
Many residents find themselves unable to sell their homes due to flood- ing concerns, even at low prices. This leads to a cycle of residents needing to remove water from their homes, replace their critical infras- tructure like electricity, furnaces and hot water heaters, as well as their personal belongings and furnishings on an almost yearly basis.
This legislation would provide local governments with a mechanism to designate these hard hit residential areas as floodplains and buyout residents at fair market, pre-flood(ing) levels through bonding made by the Urban Development Corporation for the purposes of the program. While residents are under no obligation to sell their home, this provides them with an opportunity to sell for more than they would on the open market. The sale price secured by the homeowner from the government should provide them with greater means to purchase another property outside of their locality's area of persistent flooding.
Further, this legislation mandates that the local government, once it has designated a residential area as a floodplain, is to develop that area into open space. This area could be used as a park or be returned to nature entirely. This will help local governments by cutting down on costs associated with emergency services and the redevelopment of prop- erty and infrastructure.
Prior legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.