The D.C. Department of Energy and Environment (DOEE) on July 19, 2024, published a proposed rulemaking (Proposed Rule) to adopt amendments to the District's Flood Hazard Rules (Rules) contained in Chapter 31, Title 20 of the...more
AB 1893 (Wicks) is currently making its way through the state legislature and would modify the Builder’s Remedy under the Housing Accountability Act. This legal alert summarizes the significant amendments made to AB 1893 in...more
On April 2, 2024, HUD published a new rule in the Federal Register regarding the Federal Flood Risk Management Standard (FFRMS). The new rule updates the HUD regulations on Floodplain Management and Protection of Wetlands and...more
New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more
Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more
In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property...more
The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more
There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more
Effective immediately, Section 231-B of New York Real Property Law (Section 231-B) has been amended to require that every existing and prospective residential lease provide a notice to the tenant related to the leased...more
Most U.S. cities would have to replace lead water pipes within 10 years under strict new rules proposed by the Environmental Protection Agency (EPA) as the Biden administration moves to reduce lead in drinking water and...more
New York home sellers now must disclose information about flood risk, flood history and flood insurance to potential buyers under legislation recently signed by Gov. Kathy Hochul, further amending the requirements of the...more
After years of record budget surpluses, California now faces a projected $22.5 billion budget deficit, Governor Gavin Newsom announced last week. As part of a required adjustment in state spending, Newsom proposed cutting...more
Flooding is the most common natural disaster in the United States, with every state having experienced some aspect of it in recent years1. Storm surge flooding, which occurs particularly in coastal areas as the result of...more
The prospect of climate change, and the corresponding elevated risks to various forms of property and investments, are increasingly beginning to be priced in to widening swathes of the economy. While the energy...more
One of the issues contributing to an increasingly volatile construction space for owners and developers is the cost and availability of insurance during and after construction of a project. As a result of accelerated climate...more
The previous alerts in this Holland & Knight series have focused on state level initiatives from the Massachusetts Legislature, Governor's Office and the Massachusetts Environmental Policy Act (MEPA) Office related to climate...more
For the first time in nearly a decade, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Farm Credit Administration, and the National...more
Perception becomes reality. Whether alarmist or denier, believer or skeptic, those responsible for making decisions in response to the perceived threat of climate change have taken the side of caution over indecision and...more
On June 24, 2020, the California Office of Planning and Research (OPR) issued updated General Plan Guidelines for use by cities and counties in developing land use planning documents. The Guidelines are intended to implement...more
The Department of Energy & Environment (DOEE) in Washington, D.C., has announced its intent to propose significant changes to its flood hazard regulations at Title 20 DCMR Chapter 31. These changes are designed to make the...more
In 2017 and 2019, Quebec was struck with severe spring flooding. In the Spring of 2019, floods affected more than 250 municipalities, damaged thousands of residences and forced the evacuation of over 13,500 people. Following...more
Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to...more
In a last minute move to avert a mini-financial disaster, yesterday the Senate passed, and the president signed, a bill to extend the NFIP until November 30, 2018. The House had previously passed a companion bill....more
The Federal Emergency Management Agency (FEMA) and New York City have announced that they will be working together to update the City’s flood flood-300x200maps. The need for updating FEMA’s flood maps has become more than...more
As reported by the New York Times earlier this month, the Federal Emergency Management Agency (“FEMA”) is “for the first time in three decades” redrawing flood maps in the state of New York. As noted, New York has over 500...more