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SENATE DOCKET, NO. 1037 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 753
The Commonwealth of Massachusetts
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PRESENTED BY:
Dylan A. Fernandes
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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 enhancing homebuyer awareness by providing notice to persons purchasing property in a
flood zone.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and Barnstable 1 of 4
SENATE DOCKET, NO. 1037 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 753
By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 753) of Dylan A. Fernandes for
legislation to enhance homebuyer awareness by providing notice to persons purchasing property
in a flood zone. Financial Services.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act enhancing homebuyer awareness by providing notice to persons 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.
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 2 of 4
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 area identified on the flood
25insurance 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;
29 (iv) if the owner has ever been required to purchase flood insurance by a mortgagor; and 3 of 4
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, salesperson or broker
39involved in the sale shall disclose to the prospective purchaser any information known to the
40seller or real estate agent, salesperson, or broker about the history of flooding and flood
41insurance for the premises.
42 (d) All owners renting premises shall, prior to entering into a tenancy agreement or
43signing an agreement to rent premises, provide (i) a copy of the form and other materials
44prepared pursuant to subsection (b) to the prospective tenant; and (ii) 2 copies of a statement
45certifying that the prospective tenant received said form and materials, 1 copy of which is to be
46retained by the tenant and 1 by the owner. The owner may include the statement certifying that
47the prospective tenant received said form as a provision in a written tenancy agreement.
48 (e) Any owner or real estate agent, salesperson or broker who fails to comply with this
49section shall be liable for all damages caused by the failure to comply and shall be subject to a
50penalty not to exceed $1000 per violation. A violation of this section by a person engaged in
51trade or commerce shall be an unfair and deceptive act or practice as defined in section 2 of 4 of 4
52chapter 93A. A real estate agent, salesperson or broker involved with a sale, lease with an option
53to purchase or rental as described in subsections (c) and (d) shall not be liable for any fraud that
54takes place by or on behalf of the owner.