Effective on March 20, 2024, a newly enacted New Jersey statute expanded the obligations of sellers and landlords regarding flood risk transparency. These requirements apply to both residential and commercial transactions and...more
Because Congress did not timely reauthorize NFIP prior to the shutdown, the program’s capacity to issue new policies, renew existing ones, or increase coverage was effectively frozen for the duration of the shutdown. For the...more
The City of Miami City Commission adopted an ordinance on January 8, 2026, amending both the City of Miami Code of Ordinances and the Miami 21 Zoning Code to establish a new “Resilience Trust Fund.” The fund is intended to...more
A recent decision by Pennsylvania’s Commonwealth Court opens the door for owners and developers to making use of older or flood-affected parcels once deemed impossible to develop. In its June 27, 2025 decision in People's...more
PA Treasurer Expands Loan Program Amid Budget Stalemate - State Treasurer Stacy Garrity (R) widened a $500 million low-interest loan initiative to include providers of domestic violence and rape survivor services as the...more
What You Need to Know - • The NJDEP has issued “substantial changes” to New Jersey’s Resilient Environments and Landscapes (REAL) proposed rules, seeking to modernize the state’s coastal flood safety and land resource rules...more
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more
The New Jersey Department of Environmental Protection (NJDEP) is immersed in one of the most impactful rulemaking proceedings in the state’s history in an effort to implement regulatory changes to address and mitigate the...more
If you work in the area of HUD-insured multifamily or healthcare loans, you are likely to have encountered a floodplain on a property prior to a HUD application and wondered “what do I do now?” You would not be alone....more
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