Bill Text: NY A05073 | 2023-2024 | General Assembly | Amended


Bill Title: Prohibits mortgagees from requiring mortgagors of certain residential real property to purchase flood insurance exceeding a coverage amount that exceeds the balance as of the beginning of the year for which the policy shall be in effect, or that includes coverage for contents.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A05073 Detail]

Download: New_York-2023-A05073-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5073--A
                                                                Cal. No. 142

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  HUNTER, STECK, WALLACE, BUTTENSCHON, HAWLEY,
          ZEBROWSKI, McDONALD -- read once and  referred  to  the  Committee  on
          Judiciary   --  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading

        AN ACT to amend the real property law, in relation to prohibiting  mort-
          gagees  from requiring mortgagors of certain real property to purchase
          flood insurance exceeding certain limits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  real property law is amended by adding a new section
     2  283 to read as follows:
     3    § 283. Limits on amount of flood insurance required by mortgagee.   No
     4  mortgagee  shall  require  a  mortgagor  to  whom  the  mortgagee makes,
     5  increases, extends, or renews any loan or  line  of  credit  secured  by
     6  improved  residential  real property to purchase or pay for flood insur-
     7  ance on such residential real property:  (1) at a coverage  amount  that
     8  exceeds  the  outstanding principal mortgage balance as of the beginning
     9  of the year for which the  policy  shall  be  in  effect;  or  (2)  that
    10  includes  coverage  for  contents.  In  each  instance where a mortgagee
    11  requires a mortgagor to purchase or pay  for  flood  insurance  on  such
    12  residential  real  property,  the  mortgagee shall provide notice to the
    13  mortgagor at the time the mortgagee is notified of the need to  purchase
    14  or  pay  for  flood  insurance  that  states  the following in clear and
    15  conspicuous print: 'Please note that the flood insurance we are  requir-
    16  ing you to purchase will only protect your creditor or lender's interest
    17  in  your  property.  The insurance may not be sufficient to pay for many
    18  needed repairs after a flood and may not compensate you for your  losses
    19  in  the  property  due to the flood. If you wish to protect your home or
    20  investment, you may wish to  purchase  more  flood  insurance  than  the
    21  amount we are requiring you to buy.'
    22    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07415-02-4
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