New York Lease Agreements for Landlords

Mandatory Lease Disclosures in New York

New York law requires landlords to include or attach several disclosures to residential lease agreements. These mandates exist to ensure tenants are fully informed about the property's history, condition, and any potential hazards before committing to a tenancy. Landlords who fail to provide required disclosures face potential liability, including the inability to enforce certain lease provisions and statutory damages.

Bedbug infestation history is one of New York's most distinctive disclosure requirements. Under Real Property Law Section 231-b and New York City Administrative Code Section 27-2018.1, landlords must disclose the bedbug infestation history for the specific unit and the building for the prior year. The disclosure must be provided before the lease is signed. In New York City, landlords of buildings with 10 or more units must also file annual bedbug reports with the Department of Housing Preservation and Development (HPD).

Lead paint disclosures are required for all residential properties built before 1978, consistent with federal law and supplemented by New York City Local Law 1 of 2004. In New York City, landlords of pre-1960 buildings (or pre-1978 buildings where lead paint is known to exist) must conduct annual inspections for lead paint hazards in units where a child under age 6 resides. The results must be disclosed to the tenant and remediation must be completed if hazards are found.

Sprinkler and Safety Disclosures

Real Property Law Section 231-a requires landlords to disclose the presence or absence of a sprinkler system in the building. If the building has a sprinkler system, the landlord must indicate the date of the last inspection and whether the system was operational. If the building does not have a sprinkler system, the lease must conspicuously state this fact. This disclosure is particularly important in older New York City buildings where fire safety infrastructure varies significantly.

Landlords must also disclose the smoking policy for the building, including which areas are designated as smoking and non-smoking, under Real Property Law Section 227-g. The disclosure must be in writing and provided to tenants and prospective tenants. In buildings where smoking is prohibited in common areas, the lease should clearly state the policy and the consequences for violations.

For buildings located in designated flood zones, landlords must provide written notice to prospective tenants before signing the lease, informing them that the building is in a flood-prone area. This requirement was enacted following significant flood damage from storms in New York. The notice helps tenants make informed decisions about renter's insurance coverage and emergency preparedness.

Prohibited Lease Clauses

New York law voids several types of lease clauses even if the tenant agrees to them. General Obligations Law Section 5-321 prohibits clauses that exempt the landlord from liability for injuries caused by the landlord's negligence. Any lease provision waiving the tenant's right to sue for personal injuries resulting from the landlord's failure to maintain the property is void as against public policy.

Clauses waiving the tenant's right to a jury trial in eviction proceedings are prohibited. Clauses requiring the tenant to waive the right to assert counterclaims in a summary proceeding are similarly void. The HSTPA strengthened these protections by prohibiting clauses that waive the tenant's right to a habitable premises or that require the tenant to agree to a shortened notice period for rent demands.

Landlords cannot include clauses requiring tenants to pay the landlord's attorney fees unless the clause is reciprocal, meaning it also allows the tenant to recover attorney fees if they prevail. Real Property Law Section 234 provides that any lease clause granting attorney fees to the landlord is deemed to grant an equivalent right to the tenant. This reciprocity provision applies regardless of the actual lease language.

Lease Form Requirements

For rent-stabilized apartments in New York City, landlords must use the DHCR-approved lease form or a form that includes all required provisions. The lease must clearly state the legal regulated rent, any preferential rent (if applicable), the duration of the term, and the rights and obligations of both parties consistent with the Rent Stabilization Code. Custom lease forms must include a DHCR lease rider specifying the tenant's rights under rent stabilization.

All residential leases in New York City for buildings with three or more units must be in writing if the tenancy is for one year or more. The lease must be provided in the tenant's primary language if the tenant negotiated primarily in one of the languages covered by the requirement: Spanish, Chinese, Russian, Korean, Creole, Italian, or Bengali. This language access requirement applies to the lease itself and to all required riders and disclosures.

Landlords should ensure that their lease forms are reviewed and updated periodically to reflect new legal requirements. New York's landlord-tenant law is among the most frequently amended in the country, and provisions that were lawful at the time the lease form was drafted may become void or unenforceable under subsequent legislation. Working with a New York real estate attorney familiar with current law is strongly recommended.