New York Landlord Disclosures: Lead, Bed Bugs, Flooding

Rooted in the Real Property Law, effective October 1, 1896, New York has one of the most extensive landlord disclosure regimes in the United States. Between federal requirements, statewide mandates, and NYC-specific local laws, landlords must handle a complex web of obligations before and during a tenancy.

Statewide Mandatory Disclosures

1. Lead-Based Paint (Federal + State)

For properties built before 1978, landlords must:

• Provide the EPA pamphlet "Protect Your Family from Lead in Your Home."
• Disclose any known lead-based paint and/or lead-based paint hazards.
• Provide copies of any existing lead paint inspection reports.
• Include a standard Lead Warning Statement in the lease.

NYC-Specific (Local Law 1 of 2004 & Local Law 31 of 2020): Properties built before January 1, 1960 (or between 1960 and 1978 if the landlord has knowledge of lead paint) trigger enhanced obligations. Landlords must conduct annual visual lead paint inspections in units where a child under 6 resides and remediate hazards within 21 days for Class C violations. Additionally, under Local Law 31, landlords were required to conduct comprehensive XRF testing of all units and common areas by August 9, 2025. This deadline has now passed, and testing is a mandatory compliance requirement for all applicable buildings.

2. Flood Risk Disclosure (Statewide, Effective 2023)

Under NY Real Property Law § 231-B, every residential lease must disclose:

• Any prior flood damage from natural flood events that the landlord knows or reasonably should know has occurred to such premises and the nature of any such damage.
• Whether the property is located wholly or partially in a FEMA-designated floodplain (Special Flood Hazard Area or Moderate Risk Flood Hazard Area, also known as 100-year or 500-year floodplain).
• That standard renter's insurance does not typically cover flood damage.
• That flood insurance is available to renters through FEMA's National Flood Insurance Program.

Failure to disclose flood risk information according to statutory requirements may result in penalties, but does not provide an explicit statutory right to lease termination under RPL 231-B.

3. Good Cause Eviction Coverage (2024)

Under NY Real Property Law § 231-C, landlords must append to or incorporate into any initial lease, renewal lease, notice of rent increase or nonrenewal, rent demand, or petition, a notice disclosing whether or not the unit is covered by the Good Cause Eviction Law. This applies in NYC and opt-in municipalities, with the notice requirement taking effect on August 18, 2024.

4. Smoke and Carbon Monoxide Detectors

Landlords are required to provide and install at least one approved smoke and carbon monoxide alarm in each dwelling unit and provide written information about how to test and maintain them. Owners of multiple dwellings must also post an HPD-approved notice in a common area regarding the duties of owners and occupants under the law.

5. Sprinkler System Notification

Under NY Real Property Law § 231-A, every residential lease shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. If there is a maintained and operative sprinkler system, the residential lease agreement shall provide further notice as to the last date of maintenance and inspection. This requirement applies to every residential lease, including vacancy leases and renewal leases.

NYC-Specific Disclosures

6. Bed Bug Infestation History

Under NYC Administrative Code § 27-2018.1, NYC landlords must provide a Bed Bug Disclosure Form to each tenant signing a vacancy lease. This form must detail:

• Any bed bug infestations in the unit or building within the past 12 months.
• Whether treatment was performed and the infestation resolved.

Landlords must also file annual bed bug reports with the NYC Department of Housing Preservation and Development (HPD) between December 1st and December 31st. The filing receipt must either be provided to each tenant (upon commencement of a new lease and with each lease renewal) or posted in a prominent location in the building.

7. Mold History (NYC)

Under NYC Local Law 55 (NYC Administrative Code § 27-2017.1 et seq.), landlords of buildings with 3+ units must:

• Conduct annual inspections for indoor allergen hazards, including mold, in apartments and common areas.
• Disclose any history of water leaks or mold and remediation work before a tenant signs a lease by providing new tenants with an Indoor Allergen notice. Prior to occupancy, the owner is required to fix all visible mold and pest infestations and any underlying defects.

8. Window Guard Requirements (NYC)

Under NYC Administrative Code § 27-2043.1, landlords must provide window guards in apartments where a child aged 10 or under resides, or if the tenant or occupant requests window guards for any reason. Landlords must annually survey tenants in January to determine if children age 10 or younger reside in the unit or if window guards are requested.

9. Rent Stabilization Status

Landlords of rent-stabilized units must provide riders and notices disclosing the unit's regulated status, the maximum legal rent, and the tenant's rights under rent stabilization. Additionally, under NYC Local Law 86 (the Rent Transparency Act), effective January 2026, landlords of buildings with at least one rent-stabilized unit must post notices in common areas informing tenants that rent-stabilized units exist on the premises, along with instructions on how tenants can contact New York State Homes and Community Renewal (DHCR) to verify a unit's status.

Best Practices

1. Use a manage disclosure packet: Compile all required disclosures into a single, organized packet that tenants sign before move-in.
2. Update annually: Bed bug forms, lead inspections (NYC), and window guard surveys must be updated each year.
3. Document everything: Keep signed copies of every disclosure for a minimum of 3 years (NYC lead paint records must be kept indefinitely).

How Landager Helps

Landager tracks lease terms, HSTPA deadline compliance, and security deposit interest - making it easy to handle your property portfolio while staying compliant with New York regulations.

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