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HOUSE DOCKET, NO. 3731 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1483
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Dylan A. Fernandes
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting buyers from unknowingly purchasing property in a flood zone.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Dylan A. FernandesBarnstable, Dukes and Nantucket1/16/2023Michelle M. DuBois10th Plymouth2/7/2023Patrick Joseph Kearney4th Plymouth2/16/2023 1 of 4
HOUSE DOCKET, NO. 3731 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1483
By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1483) of
Dylan A. Fernandes, Michelle M. DuBois and Patrick Joseph Kearney relative to protecting
buyers from unknowingly purchasing property in flood zones. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3839 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting buyers from unknowingly purchasing property in a flood zone.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 183 of the General Laws is hereby amended by adding the following section:-
2 Section 70. (a) As used in this section the following terms shall, unless the context clearly
3requires otherwise, have the following meanings:
4 “FEMA”, the Federal Emergency Management Agency.
5 “Flood insurance rate map”, the flood insurance rate maps produced by the FEMA
6administrator in accordance with 42 U.S.C. § 4101 et seq.
7 “Flood zone”, geographic areas defined by FEMA to have risk of flood. 2 of 4
8 “Owner”, any person who alone or jointly or severally with others: (i) has legal title to a
9premises; (ii) has charge or control of any premises as an agent who has authority to expend
10money for compliance with the state sanitary code, executor, administrator, trustee or guardian of
11the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or
12the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a
13condominium or cooperative; provided, however, that the term “owner” shall not include a
14secured lender unless and until the secured lender has acquired legal title pursuant to applicable
15law and takes actual physical possession.
16 “Premises”, any residential property or dwelling unit.
17 (b) The director of the Massachusetts emergency management agency shall prepare a
18standard notification form and such other materials as may be necessary to inform prospective
19purchasers, lessees and renters about the potential hazards of living in a flood zone. The form
20shall include, but not be limited to:
21 (i) if flooding has previously occurred on the premises and if so, the frequency and
22amount of any damage claims filed through the National Flood Insurance Program or private
23insurance;
24 (ii) whether the premises are located in a special flood hazard areas identified on the
25flood insurance rate map;
26 (iii) the zone designation of the premises as identified on the flood insurance rate map
27and the most recent description of the level of risk associated with each zone designation as
28published by FEMA; 3 of 4
29 (iv) if the owner has ever been required to purchase flood insurance by a mortgagor; and
30 (v) if, due to the receipt of federal disaster aid from FEMA, the United States Small
31Business Administration or any other federal disaster flood assistance for flood damage to the
32property, a requirement to maintain flood insurance on the property exists.
33 (c) All owners selling premises shall, prior to accepting an offer for purchase, provide a
34copy of the form and other materials prepared pursuant to subsection (b) to the prospective
35purchaser. All owners leasing premises with an option to purchase such premises shall, prior to
36the signing of the lease with an option to purchase, provide a copy of the form and other
37materials prepared pursuant to subsection (b) to the lessee-prospective purchaser. In addition to
38and at the time of providing said form, the seller and any real estate agent involved in the sale
39shall disclose to the prospective purchaser any information known to the seller or real estate
40agent about the history of flooding and flood insurance for the premises.
41 (d) All owners renting premises shall, prior to entering into a tenancy agreement or
42signing an agreement to rent premises, provide (i) a copy of the form and other materials
43prepared pursuant to subsection (b) to the prospective tenant; and (ii) 2 copies of a statement
44certifying that the prospective tenant received said form and materials, 1 copy of which is to be
45retained by the tenant and 1 by the owner. The owner may include the statement certifying that
46the prospective tenant received said form as a provision in a written tenancy agreement.
47 (e) Any owner or real estate agent who fails to comply with this section shall be liable for
48all damages caused by the failure to comply and shall be subject to a penalty not to exceed
49$1000. A violation of this section by a person engaged in trade or commerce shall be an unfair
50and deceptive act or practice as defined in section 2 of chapter 93A. A real estate agent involved 4 of 4
51with a sale, lease with an option to purchase or rental as described in subsections (c) and (d) shall
52not be liable for any fraud that takes place by or on behalf of the owner.