§ 35-3-302. ACKNOWLEDGMENT TO TENANT OF HOUSING WITHIN FLOODPLAIN.

(a)

Applicability. This section shall apply when any part of a multifamily rental facility, including the parking area, is within the 100 year floodplain as designated on:

(1)

A flood hazard area boundary map furnished by the Federal Insurance Administration of the U.S. Department of Housing and Urban Development;

(2)

The floodplain maps of the U.S. Army Corps of Engineers; or

(3)

Other available floodplain data.

(b)

Acknowledgment required. A landlord shall include the acknowledgment under subsection (c) of this section in a lease for a tenant who will occupy or use a building or a parking or storage facility area that is situated in whole or in part within a flood hazard area.

(c)

Form of acknowledgment. In the event of heavy rainfall, the unit you are to occupy or the motor vehicle parking area or the separate storage facility (as the case may be) is situated within a flood hazard area and may be subject to flooding which may damage personal belongings and motor vehicles. Because of this possible loss, you may be eligible for U.S. government subsidized flood insurance on the personal belongings in your unit. In any event, because of this danger of loss of your personal belongings due to flooding, you may wish to consider acquiring flood insurance which may be purchased from some insurance agents.

Damage to motor vehicles may not be covered by such insurance; therefore, you may wish to also determine whether or not you have sufficient motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in the area.

I acknowledge reading and understanding the foregoing warning concerning flooding and the availability of flood insurance and hereby assume the risk of loss which may result from such flooding.

_______
Tenant signature

(d)

Manner of providing acknowledgment.

(1)

The acknowledgment required under subsection (c) of this section may be:

(i)

In the form of an attachment to the lease; or

(ii)

In the lease form if:

1.

The acknowledgment is distinctly set apart from any other provisions of the lease; and

2.

A space is provided for a separate written acknowledgment that the tenant is aware of the flood risk.

(2)

A landlord may not enforce a lease that is subject to this section unless:

(i)

The lease is accompanied by the acknowledgment required under this section; and

(ii)

The acknowledgment has the tenant's signature or witnessed mark specifically and independently related to the acknowledgment.

(e)

Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.

(1988 Code, § 18-3) (Bill No. 25-01, § 2, 7-1-2004)