6 Legal Disclosures NYC Landlords Must Provide to Tenants

Landlords in New York City must follow strict rules about the information they provide to tenants. These guidelines aim to protect tenants from health risks, clarify lease conditions, and ensure an open leasing process. Failing to follow these rules can lead to penalties, lawsuits, and even the cancellation of lease agreements.

This article outlines six key landlord disclosure obligations NYC must take to stay compliant and safeguard their interests.

1. Lead-Based Paint Disclosure

If the building was built before 1978, federal law says landlords must inform tenants about lead-based paint dangers. This matters most in NYC, where many rentals built before 1978 may contain lead paint.

Landlords must:

• Provide an EPA-approved lead disclosure pamphlet.

• Attach a lead paint form to the lease.

• Let tenants know if there is any known lead paint or related hazards.

Housing providers must inform their tenants about landlord disclosure obligations NYC. Not doing so can result in government fines and tenant lawsuits.

2. Window Guard Notice

NYC requires window guards if a child 10 or under lives in the home. Landlords must also notify all tenants every year about window guards.

Tenants must return the form indicating:

• Whether children live in the apartment.

• Whether window guards are required.

The NYC Department of Health can punish landlords who fail to meet this disclosure requirement. They might also be liable for any accidents that occur. This notice helps meet NYC landlord disclosure rules. Many landlords often overlook it when renewing a lease.

3. Bedbug History Disclosure

Since 2010, NYC landlords must tell potential tenants about any bedbug history. This includes problems in the rented unit and in other units that have reported infestations in the past year.

Landlords must:

• Fill out the “Bedbug Disclosure Form” (also known as the DBB-N form).

• Add the form with the lease or renewal.

Tenants must be informed before moving in. If landlords do not inform their tenants about this risk, they may face issues or accusations of dishonesty.

4. Stabilization Status and Rent History (for Rent-Regulated Units)

If the property is rent-stabilized, landlords must give tenants a Rent Stabilization Lease Rider. This rider explains the rent history.

• The legal rent history.

• The tenant’s rights under rent stabilization.

• The basis for any increases in rent.

This declaration ensures clarity and prevents illegal rent increases. Tenants with rent-stabilized leases can request their monthly payment history from the New York State Division of Housing and Community Renewal (DHCR).

If you don’t include this rider, you may face complaints about overcharging and possible penalties. This is complex landlord disclosure obligations NYC lawyers often advise their clients to handle carefully for rent-stabilized apartments.

5. Sprinkler System Disclosure

New York law (Section 231-a) requires landlords to state in the lease whether the building has a sprinkler system. If there is one, landlords must also state when it was last checked or maintained.

This information must be clearly included in all residential leases, regardless of regulation. It’s a simple but vital part of ensuring landlords meet landlord disclosure obligations NYC.

6. Flood Risk Disclosure (Effective 2023)

As of June 2023, landlords in New York State must inform potential renters if the rental property is in a floodplain or has previously suffered flood damage. This rule came about due to rising concerns about climate-related risks.

Landlords must:

• State the flood zone status using FEMA maps.

• Note whether the property has been damaged by flooding in the past.

This statute aims to help tenants know their options for risk, insurance, and protecting personal property. Landlords in NYC must now add this new notice to their usual practices when disclosure rules change.

Final Thoughts

New York City landlords must follow disclosure rules. This is key for responsible property management. These six disclosures help create a clear and complete lease. They help avoid trouble, fines, and court issues.

New York City laws require you to stay updated on state and city rules about landlord disclosure obligations NYC. Whether you own one rent-stabilized apartment or a whole building, it's crucial to inform your tenants and comply with the law.

If you're unsure about required disclosures, a real estate lawyer can guide you and ensure you follow the rules.