Month: November 2012

Primer on FEMA Flood Maps and Flood Insurance

The National Flood Insurance Program (NFIP) offers flood insurance to homeowners, condo owners and associations, tenants and business owners located in one of the 20,000 local governments that participate in the federal program. Condominium associations and unit owners may purchase insurance coverage. In 2003, Congress directed FEMA to update the nation’s flood hazard maps. As …

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In Wake of Sandy, NYC To Consider Retrofits For Existing Buildings

In the wake of Superstorm Sandy, the New York City Council has commissioned a “building resiliency” task force to study potential changes in the building code to minimize damage from flood events.  In announcing the task force, City Council Speaker Christine Quinn said flood protection was the “single most important infrastructure challenge of our time”. …

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Historic Dry Cleaners At Heart of Two Key NJ Spill Cases-Part 2

In our second post on recent NJ Spill Act decisions involving historic dry cleaners, we examine New Jersey Schools Development Authority v. Marcantuone, 2012 N.J. Super. LEXIS 173 (App. Div. 10/29/12) where the appellate division ruled that a property owner who acquired a site in 1985 without performing environmental due diligence could not qualify for …

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Historic Dry Cleaners At Heart of Two Key NJ Spill Act Cases-Part 1

2012 has turned out to be a significant year for NJ Spill Act litigation. Two opinions from this fall have been particularly notable to transactional attorneys because they involved a very common scenario encountered in urban areas-namely, properties with a history of numerous dry cleaner operators. Because dry cleaners are small businesses, their environmental impacts …

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SBA Disaster Loans

Any business or private, nonprofit organization that is located in a declared disaster area and has incurred damage during the disaster may apply for a loan to help replace damaged property or restore it to the condition it was in before the disaster.  These entities may also apply for a working capital loan from the …

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FEMA Advisory For Initial Restoration of Flooded Buildings

FEMA has issued an advisory for buildings subject to long-term flooding and widespread mold following a hurricane. As a service to our readers and fellow New York metropolitan area neighbors, we are providing the text of the FEMA recommendations. the original brochure is available at Advisory for Restoration of Flooded Buildings 1. Air Out– To promote …

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EPA Guidelines on Building Debris and Demolition Following Natural Disaster

Cleanup activities related to homes and businesses damaged by hurricanes or other natural disasters can pose significant health and environmental challenges. Immediate and life-threatening conditions may arise from  leaking natural gas lines, and carbon monoxide poisoning from using un-vented fuel-burning equipment indoors. However, there are other serious hazards that are not immediately life threatening but …

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CDC Tips on Cleaning HVAC Systems of Flood-Damaged Buildings

During flooding, systems for heating, ventilating, and air conditioning (HVAC) can become submerged in flood waters. As a result, these systems may contain substantial amounts of dirt and debris and may also become contaminated with various types of microorganisms such as bacteria and fungi. The following recommendations will help ensure that HVAC systems contaminated with …

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Helpful Federal Resources for Homeowners and Businesses Damaged By Sandy

The federal Department of Housing and Urban Development (HUD)  Office of Policy Development and Research (PD&R) has prepared a number of guides, brochures, reports and other resources to assist contractors and homeowners with flood-damaged homes and buildings. Following are links to some of these resources: Rehabbing Flooded Homes: A Guide for Builders and Contractors – This …

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Environmental Building Issues Following Hurricane Sandy

NY Building owners are grappling with a number of environmental issues associated with Hurricane Sandy. Following is a summary of the more common issues and regulatory initiatives announced by NYC Department of Buildings and the NY Department of Environmental Conservation (NYSDEC) to expediate cleanup and recovery efforts. Commercial and Residential Buildings With Flooded Basements/Parking Garages …

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