New York Landlord Required Disclosures: Lead, Bed Bugs, Flooding & More

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 or 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 pre-1978 if the landlord has knowledge of lead paint) trigger enhanced obligations. Landlords must conduct annual lead paint inspections in units where a child under 6 resides and remediate hazards within 21 days. 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 about.
• Whether the property is in a FEMA-designated floodplain (100-year or 500-year).
• That standard renter's insurance does not cover flood damage.
• That flood insurance is available 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)

Landlords must disclose in the lease whether the unit is covered by the Good Cause Eviction Law (RPL § 231-C). This applies in NYC and opt-in municipalities.

4. Smoke and Carbon Monoxide Detectors

Landlords must provide a written notice regarding the presence and maintenance responsibilities for smoke and CO detectors in the unit.

5. Sprinkler System Notification

In buildings with sprinkler systems, landlords must annually notify tenants of the system's presence and provide information about its maintenance (RPL § 231-A).

NYC-Specific Disclosures

6. Bed Bug Infestation History

NYC landlords must provide a Bed Bug Disclosure Form to all prospective and current tenants. 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).

7. Mold History (NYC)

Under NYC Local Law 55, landlords of buildings with 3+ units must:

• Conduct annual inspections for mold.
• Disclose any history of water leaks or mold and remediation work before a tenant signs a lease.

8. Window Guard Requirements (NYC)

In NYC, landlords must provide window guards in apartments where a child aged 10 or under resides. Landlords must annually survey tenants to determine if children reside in the unit.

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.

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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