Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S753 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1037 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 753
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Dylan A. Fernandes
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act enhancing homebuyer awareness by providing notice to persons purchasing property in a
13	13	flood zone.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and Barnstable 1 of 4
17	17	SENATE DOCKET, NO. 1037 FILED ON: 1/15/2025
18	18	SENATE . . . . . . . . . . . . . . No. 753
19	19	By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 753) of Dylan A. Fernandes for
20	20	legislation to enhance homebuyer awareness by providing notice to persons purchasing property
21	21	in a flood zone. Financial Services.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act enhancing homebuyer awareness by providing notice to persons purchasing property in a
28	28	flood zone.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 183 of the General Laws is hereby amended by adding the following section:-
32	32	2 Section 70. (a) As used in this section the following terms shall, unless the context clearly
33	33	3requires otherwise, have the following meanings:
34	34	4 “FEMA”, the Federal Emergency Management Agency.
35	35	5 “Flood insurance rate map”, the flood insurance rate maps produced by the FEMA
36	36	6administrator in accordance with 42 U.S.C. § 4101 et seq.
37	37	7 “Flood zone”, geographic areas defined by FEMA to have risk of flood.
38	38	8 “Owner”, any person who alone or jointly or severally with others: (i) has legal title to a
39	39	9premises; (ii) has charge or control of any premises as an agent who has authority to expend
40	40	10money for compliance with the state sanitary code, executor, administrator, trustee or guardian of 2 of 4
41	41	11the estate or the holder of legal title; (iii) is an estate or trust of which such premises is a part, or
42	42	12the grantor or beneficiary of such an estate or trust; or (iv) is the association of unit owners of a
43	43	13condominium or cooperative; provided, however, that the term “owner” shall not include a
44	44	14secured lender unless and until the secured lender has acquired legal title pursuant to applicable
45	45	15law and takes actual physical possession.
46	46	16 “Premises”, any residential property or dwelling unit.
47	47	17 (b) The director of the Massachusetts emergency management agency shall prepare a
48	48	18standard notification form and such other materials as may be necessary to inform prospective
49	49	19purchasers, lessees and renters about the potential hazards of living in a flood zone. The form
50	50	20shall include, but not be limited to:
51	51	21 (i) if flooding has previously occurred on the premises and if so, the frequency and
52	52	22amount of any damage claims filed through the National Flood Insurance Program or private
53	53	23insurance;
54	54	24 (ii) whether the premises are located in a special flood hazard area identified on the flood
55	55	25insurance rate map;
56	56	26 (iii) the zone designation of the premises as identified on the flood insurance rate map
57	57	27and the most recent description of the level of risk associated with each zone designation as
58	58	28published by FEMA;
59	59	29 (iv) if the owner has ever been required to purchase flood insurance by a mortgagor; and 3 of 4
60	60	30 (v) if, due to the receipt of federal disaster aid from FEMA, the United States Small
61	61	31Business Administration or any other federal disaster flood assistance for flood damage to the
62	62	32property, a requirement to maintain flood insurance on the property exists.
63	63	33 (c) All owners selling premises shall, prior to accepting an offer for purchase, provide a
64	64	34copy of the form and other materials prepared pursuant to subsection (b) to the prospective
65	65	35purchaser. All owners leasing premises with an option to purchase such premises shall, prior to
66	66	36the signing of the lease with an option to purchase, provide a copy of the form and other
67	67	37materials prepared pursuant to subsection (b) to the lessee-prospective purchaser. In addition to
68	68	38and at the time of providing said form, the seller and any real estate agent, salesperson or broker
69	69	39involved in the sale shall disclose to the prospective purchaser any information known to the
70	70	40seller or real estate agent, salesperson, or broker about the history of flooding and flood
71	71	41insurance for the premises.
72	72	42 (d) All owners renting premises shall, prior to entering into a tenancy agreement or
73	73	43signing an agreement to rent premises, provide (i) a copy of the form and other materials
74	74	44prepared pursuant to subsection (b) to the prospective tenant; and (ii) 2 copies of a statement
75	75	45certifying that the prospective tenant received said form and materials, 1 copy of which is to be
76	76	46retained by the tenant and 1 by the owner. The owner may include the statement certifying that
77	77	47the prospective tenant received said form as a provision in a written tenancy agreement.
78	78	48 (e) Any owner or real estate agent, salesperson or broker who fails to comply with this
79	79	49section shall be liable for all damages caused by the failure to comply and shall be subject to a
80	80	50penalty not to exceed $1000 per violation. A violation of this section by a person engaged in
81	81	51trade or commerce shall be an unfair and deceptive act or practice as defined in section 2 of 4 of 4
82	82	52chapter 93A. A real estate agent, salesperson or broker involved with a sale, lease with an option
83	83	53to purchase or rental as described in subsections (c) and (d) shall not be liable for any fraud that
84	84	54takes place by or on behalf of the owner.