New York Commercial Landlord Required Disclosures
Review the disclosure obligations for New York commercial landlords, including environmental reports, ADA compliance, and zoning representations.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
While New York's residential disclosure regime is one of the most extensive in the country, commercial tenancies, governed primarily by the Real Property Law (effective since 1896), operate under a framework where contractual disclosures and due diligence replace most statutory mandates.
Limited Statutory Disclosures
Unlike residential tenancies, New York does not impose a manage set of mandatory pre-lease disclosures for commercial landlords. The principle of caveat emptor (buyer beware) applies more broadly in commercial dealings, with the expectation that commercial tenants will conduct their own due diligence.
However, landlords must still comply with:
1. Security Deposit Notice (GOL § 7-103)
Under N.Y. General Obligations Law § 7-103, a landlord receiving a security deposit must hold it in trust and not commingle it with personal funds. Upon depositing the funds in a banking organization within the state, the landlord must provide written notice to the tenant of the name and address of the banking organization and the amount of the deposit.
Note: Unlike residential properties with six or more units, commercial landlords are not statutorily required to place deposits in interest-bearing accounts unless specifically required by the lease agreement.
2. Automatic Renewal Notice (GOL § 5-905)
If a commercial lease contains an automatic renewal clause, the landlord must provide written notice to the tenant (by personal service or registered/certified mail) between 15 and 30 days before the deadline to provide notice of non-renewal. Failure to provide this statutory disclosure renders the automatic renewal clause unenforceable under N.Y. General Obligations Law § 5-905.
3. Asbestos Notification (NYC)
In New York City, building owners must provide notice to occupants (including commercial tenants) at least 10 days (but not more than 15 days) before the commencement of asbestos abatement activities under NYC Admin. Code § 24-146.1 and 15 RCNY § 1-05. For small or minor projects, notice must be provided at least 3 days prior pursuant to 12 NYCRR § 56-3.6.
4. Certificate of Occupancy
Under NYC Admin. Code § 28-118.3.2, no building or portion thereof shall be occupied or used in a manner that is inconsistent with the last issued Certificate of Occupancy (CO). Landlords must ensure the premises comply with the CO for the tenant's permitted use. Failure to provide a premises that can be legally occupied may constitute a breach of the covenant of quiet enjoyment.
5. Termination of Month-to-Month Tenancy (RPL § 232-a)
In New York City, a landlord must provide a written notice of termination to a month-to-month tenant under N.Y. Real Prop. Law § 232-a. Following the HSTPA 2019, the required notice period is based on the length of occupancy:
- 30 days if occupancy is less than one year.
- 60 days if occupancy is between one and two years.
- 90 days if occupancy is two years or more.
Best Practice Disclosures via the Lease
Sophisticated New York commercial leases typically include extensive representations and warranties that function as disclosure mechanisms:
- Zoning Representations: The landlord discloses the current zoning classification but typically disclaims any warranty that the premises are suitable for the tenant's specific use.
- Building Violations: Disclosure of any open NYC Department of Buildings (DOB) violations.
- Litigation: Disclosure of any pending litigation affecting the property.
- Insurance Requirements: Full disclosure of required insurance types and minimum coverage amounts.
- CAM and Tax Escalation Base Years: Detailed disclosure of the base year used for operating expense escalations.
- Subordination to Mortgages: Disclosure that the lease is subordinate to existing or future mortgages.
Estoppel Certificates
New York commercial leases routinely require both landlords and tenants to provide estoppel certificates upon request. These certificates act as disclosure documents confirming the current status of the lease, outstanding defaults, deposit balances, and any modifications.
How Landager Helps
Landager tracks lease terms and security deposit interest - making it easy to handle your property portfolio while staying compliant with New York regulations.
Sources & Official References
Frequently Asked Questions
▶What are the New York landlord-tenant laws every property owner should know?
New York is the most tenant-protective state in the US. Its regulatory framework combines the Housing Stability and Tenant Protection Act (HSTPA) of 2019 with the Good Cause Eviction Law of 2024, NYC's rent stabilization system, and extensive local ordinances. Security deposits are capped at one month's rent, late fees at $50 or 5% (whichever is lower), and landlords in NYC must demonstrate 'good cause' to evict or refuse lease renewal.
Read the complete guide▶What is the New York eviction process and how long does it take?
New York's eviction process is lengthy and highly procedural. For non-payment, landlords must serve a 14-day written demand for rent. For holdover evictions, notice depends on tenancy length: 30 days (under 1 year), 60 days (1-2 years), or 90 days (over 2 years). Self-help evictions are strictly illegal. Under the 2024 Good Cause Eviction Law, NYC landlords must demonstrate enumerated legal reasons for eviction, making the process even more demanding.
Read the complete guide▶What is the New York security deposit limit and return deadline?
Under the HSTPA, New York landlords can collect a maximum of one month's rent as a security deposit statewide — this applies to all residential tenancies regardless of whether the unit is rent-stabilized or market-rate. Landlords must return the deposit or provide an itemized statement of deductions within 14 days of the tenant vacating. Failure to comply forfeits the right to retain any portion.
Read the complete guide▶What are the New York rent increase laws and caps for landlords?
New York has multiple layers of rent regulation. NYC rent-stabilized units are governed by the Rent Guidelines Board, which set 3% for one-year and 4.5% for two-year leases in 2025-2026. Under the 2024 Good Cause Eviction Law, increases above 10% or 5% + CPI (whichever is lower) are presumed unreasonable and can be challenged in court. Market-rate units outside NYC remain unregulated unless the municipality opts into Good Cause.
Read the complete guide▶What is the grace period for late rent in New York?
New York mandates a 5-day grace period before any late fee can be assessed. Under the HSTPA, residential late fees are strictly capped at the lesser of $50 or 5% of the monthly rent. Late fees alone cannot be the basis for an eviction proceeding — landlords must pursue a separate non-payment action through Housing Court if rent remains unpaid after the 14-day demand notice.
Read the complete guide▶What disclosures must New York landlords provide to tenants?
New York requires extensive pre-lease disclosures including lead-based paint (plus NYC Local Law 1 for pre-1960 buildings), bed bug infestation history (NYC), flood risk and prior flood damage (statewide since 2023), mold history and remediation (NYC), Good Cause Eviction coverage status, window guard requirements for units with children under 11 (NYC), and smoke and carbon monoxide detector compliance.
Read the complete guide▶What is Good Cause Eviction in New York and how does it affect landlords?
Effective April 20, 2024, the Good Cause Eviction Law transformed the landscape for market-rate apartments in NYC and opt-in municipalities. Landlords must now demonstrate enumerated legal reasons (non-payment, nuisance, illegal use, refusal of access) to evict or refuse lease renewal. The law also caps rent increases — increases above 10% or 5% + CPI are presumed unreasonable and tenants can challenge them in court.
Read the complete guide▶What are New York landlord maintenance obligations and habitability standards?
New York enforces the implied warranty of habitability, requiring landlords to maintain properties in livable condition. This includes working plumbing, heating (minimum 68°F during the day, 62°F at night from October to May), electrical systems, pest control, and structural integrity. NYC has additional requirements including window guards, lead paint abatement, mold remediation, and elevator maintenance. Tenants may withhold rent if habitability violations remain unaddressed.
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