New York Real Estate Forms & Disclosures — Avrum C. Lebrecht

New York State Disclosure Form for Buyer and Seller (agency disclosure)

At your first real conversation with an agent about buying or selling a home, condo or co-op. You sign to acknowledge you got it.

Required by RPL §443

New York State Disclosure Form for Landlord and Tenant (agency disclosure)

At your first real conversation with an agent about renting a home or apartment. You sign to acknowledge you got it.

Required by RPL §443

New York State Housing and Anti-Discrimination Disclosure Form

Every agent gives it at first contact with a buyer, seller, landlord or tenant. It explains your rights under the NYS Human Rights Law.

Required by 19 NYCRR 175.28

NYS Housing and Anti-Discrimination Notice (the 'Fair Housing Notice')

Posted at every real estate office and open house, and linked from every agent's website.

Required by 19 NYCRR 175.29(a)-(d)

HUD Fair Housing Poster ('Equal Housing Opportunity')

The federal fair housing poster, displayed at the brokerage office.

Required by 24 CFR 110.10(d), Fair Housing Act §806

Property Condition Disclosure Statement (PCDS)

The seller fills it out and gives it to the buyer before the buyer signs the contract.

Required by RPL §462

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (sales)

Selling a home built before 1978: the seller discloses any known lead paint before the buyer is bound by the contract.

Required by 42 U.S.C. 4852d

Lessor's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (leases)

Renting out a home built before 1978: the landlord discloses any known lead paint before the tenant signs the lease.

Required by 42 U.S.C. 4852d

Protect Your Family From Lead in Your Home (EPA pamphlet)

Handed to the buyer or tenant with the lead paint disclosure, for homes built before 1978.

Required by 40 CFR 745.107

Carbon monoxide detector affidavit at transfer (statewide)

At closing on a 1–2 family home, condo or co-op, the seller signs that carbon monoxide detectors are installed.

Required by Executive Law §378(5-a)(e)

Smoke detector affidavit for sale of a 1–2 family dwelling

NYC only: signed by seller and buyer and filed with the deed when a 1–2 family home is sold.

Required by NYC Admin. Code §11-2105(g)

Flood History and Risk Lease Rider/Notice

Must be part of every residential lease in New York State: flood zone and flood history.

Required by RPL §231-b

Flood disclosure for sales (PCDS flood questions)

The flood questions in the seller's property condition disclosure, given before the contract.

Required by RPL §462

Sprinkler system lease notice

Every residential lease must say, in bold, whether there's a working sprinkler system.

Required by RPL §231-a

Notice to Tenant of Applicability or Inapplicability of the NYS Good Cause Eviction Law

Attached to leases, renewals and rent-increase or non-renewal notices: says whether Good Cause Eviction applies.

Required by RPL §231-c

Notice to Tenant – Disclosure of Bedbug Infestation History

NYC only: given to tenants signing a new lease, with the bedbug history for the past year.

Required by NYC Housing Maintenance Code (Admin. Code §27-2018.1)

Window Guards Required – Lease Notice to Tenant (Appendix A)

NYC only: given with every new lease in buildings with 3 or more units.

Required by NYC Health Code window-falls rules (DOHMH) / Admin. Code §27-2043.1

Annual Notice to Tenant or Occupant (window guards + lead paint), pre-1978 buildings (Appendix B)

NYC only: sent to tenants every January and at lease signing (window guards and lead paint).

Required by NYC Local Law 1 of 2004 (lead) and the window guard rules

Annual Notice Regarding Stove Knob Covers / Permanent Stove Safety Knobs

NYC only: yearly notice offering stove knob covers to tenants.

Required by NYC Admin. Code §27-2046.4

Lease/Commencement of Occupancy Notice for Indoor Allergen Hazards (plus DOHMH fact sheet)

NYC only: given with each new lease, about indoor allergen hazards like mold and pests.

Required by NYC Admin. Code §27-2017.1 et seq.

Lease Rider for Rent Stabilized Tenants

NYC only: attached to new and renewal leases for rent-stabilized apartments.

Required by Rent Stabilization Code

ETPA Standard Lease Addenda for Rent Stabilized Tenants (outside NYC)

Rent-stabilized units outside NYC, where the ETPA applies: attached to new and renewal leases.

Required where the ETPA applies: Emergency Tenant Protection Regulations

FARE Act fee disclosure (itemized written disclosure of tenant fees)

NYC only: rental listings must show every fee the tenant pays, and the tenant signs an itemized fee disclosure before the lease.

Required by NYC Local Law 119 of 2024 (FARE Act), enforced by DCWP

Agricultural District Disclosure Notice

Buying or selling property in a state agricultural district: signed before the sale.

Required by RPL §333-c

Seller notices: utility surcharge, no electric service, uncapped gas wells, Green Jobs-Green NY on-bill charge

Before accepting an offer, the seller gives written notice of certain utility issues, like no electric service or a line-extension surcharge.

Required when it applies: RPL §242(1)–(4)

Truth in Heating: heating/cooling bills and insulation information

If a buyer asks in writing before the contract, the seller provides 2 years of heating and cooling bills within 15 days.

Required on request: Energy Law §17-103

Residential Tenants' Rights Guide (NYS Attorney General)

An optional plain-English guide to tenants' and landlords' rights.

Optional reference

Contracts of sale, leases, listing and buyer-agency agreements, riders

Ask your attorney. In New York the contract of sale is usually drafted by the seller's attorney.