New York Property Disclosure Laws

For Sellers

New York RPL § 443-a provides that homicide, suicide, death, felony, or HIV/AIDS on a property is not a material fact requiring disclosure. Sellers may decline to answer written inquiries about stigma events.

Statute: N.Y. Real Prop. Law § 443-a

1. Check your state seller disclosure form. Answer every question truthfully, even if the specific event is not listed.
2. When in doubt, disclose in writing. Nondisclosure claims are harder to defend than disclosure complaints.
3. Consult a licensed real estate attorney in your state before listing if a biohazard event occurred on the property.

For Landlords

Death disclosure to tenants: Not required. Biohazard/meth disclosure: Not specifically required; general habitability rules still apply. Bedbug disclosure: Required in New York. Federal lead paint disclosure applies to pre-1978 housing in all states.

1. Review your state landlord-tenant act for disclosure obligations before advertising the unit.
2. Keep written documentation of any remediation performed, including certificates from licensed biohazard contractors.
3. When a prospective tenant asks about a past incident, answer truthfully. Silence in response to a direct question can be actionable.

New York Disclosure FAQ