A New York residential lease agreement (“rental agreement”) is a written contract where one party (the “tenant”) lives in a particular property (“premises”) owned or overseen by another party (the “landlord”), in exchange for regular payments of rent. New York leases are governed by applicable landlord-tenant laws at both the state and local level.
New York requires these disclosures for all or some residential lease agreements.
| Disclosure | Applicable To |
|---|---|
| Fire Sprinkler System | All Rentals |
| Security Deposit Holdings | All Units With a Security Deposit |
| Certificates of Occupancy | 3 or Fewer Rental Units |
| Lead Paint | Units Built Before 1978 |
All New York rental agreements must include a conspicuous, bolded disclosure regarding the presence or absence of a functioning fire sprinkler system on the property. If there is a system, the lease must disclose dates of maintenance and inspection. [1]
A proper disclosure might look like this:
FIRE SPRINKLER SYSTEM. This rental property or dwelling unit is:
[ ] Equipped with a functioning fire sprinkler system
[ ] NOT equipped with a functioning fire sprinkler systemFor functioning systems, the maintenance history is as follows:
_________
_________
_________
New York has a good-cause eviction law which limits eviction options, and in particular restricts lease non-renewal to a specific set of reasons in cities which opt into the law. ALL landlords must present a long and specific notice about the law’s applicability, when executing or renewing a lease. [6]
New York landlords can’t ask for a security deposit unless they first provide a written disclosure of how the funds will be kept during the rental period.
This disclosure must include the name and location of the holding institution, and the sum held. It may also include the account number.
When a New York property contains three or fewer units, the landlord can’t rent them out without providing a conspicuous, bolded notice disclosing the status (or absence) of a certificate of occupancy. A certificate of occupancy is a legal guarantee that all building codes are met, fees paid, and paperwork completed for the property.
New and existing buildings must have a certificate of occupancy unless built as a residential building before 1938. Landlords may provide tenants with an actual copy of the certificate of occupancy, rather than the original.
Federal law requires disclosing the risks posed by lead-based paints in all residences built before 1978. This law requires New York landlords to do the following:
The following lease agreement disclosures and addenda are not required by New York law. They are common inclusions in rental agreements to head off potential conflicts with tenants, or reduce liability for landlords.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants if there is asbestos on the property. May suggest precautions the tenant can take to minimize the chance of disturbing any asbestos fibers. |
| Landlord’s Name and Address | Guarantees smooth communication and payment of rent in the event of any unusual situations. Typically includes additional contact information for the landlord and authorized agents, such as phone numbers and email addresses. |
| Late/Returned Check Fees | Discloses details about late or returned check fees, if the landlord wants the option of charging them. In New York there is a late fee limit of $50 or 5% of the rent amount, whichever is less. Returned check fees are limited to $20 per returned check. [3] [4] |
| Medical Marijuana Use | Provides rules or restrictions for tenant use of medical marijuana on the property. Some laws allow landlords to restrict marijuana usage to non-smoking methods only, or to designated smoking areas which do not risk interfering with other premises. |
| Mold Disclosure | Informs the tenant of the property’s current mold status. May help protect the landlord against future liability for mold damages. |
| Move-in Checklist | A move-in checklist helps protect both the landlord and the tenant from false claims about property damage. |
| Non-Refundable Fees | The lease must specify which charges are non-refundable. The tenant may otherwise be entitled to a full or partial refund when the lease ends. |
| Shared Utilities Arrangements | In rentals which share utilities, discloses the specifics of how they are shared, and the method for calculating each party’s bill. This enables tenants to estimate what they will owe each month. |
| Smoking | Informs tenants of designated smoking areas which don’t interfere with the use of other premises. |
Some New York cities, like New York City, have more comprehensive rules than the statewide standard. Always check local laws.
Failure to include a mandatory disclosure could result in fees, denial of eviction, refusal of the landlord’s other rights under the lease, and similar legal penalties. Disclosures outline important health, safety, and property information, and the law penalizes failure to disclose.
Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation. [5]
…1. Every residential lease shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises.
…
3. If there is a maintained and operative sprinkler system in the leased premises, the residential lease agreement shall provide further notice as to the last date of maintenance and inspection…
…For housing accommodations subject to this code, an owner shall furnish to each tenant signing a vacancy lease, a notice in a form promulgated or approved by the state division of housing and community renewal that sets forth the property’s bedbug infestation
history for the previous year regarding the premises rented by the tenant and the building in which the premises are located…
…(a) The holder of a dishonored check given in payment for a consumer transaction or an account may collect from, charge, or add to the outstanding balance of the account of, the person from whom such check was received or to whom such credit was extended, a dishonored check charge of not more than the lesser of the amount agreed upon, if contracted for, or twenty dollars…
2. No landlord, lessor, sub-lessor or grantor may demand any payment,
fee, or charge for the late payment of rent unless the payment of rent
has not been made within five days of the date it was due, and such
payment, fee, or charge shall not exceed fifty dollars or five percent
of the monthly rent, whichever is less; provided a cooperative housing
corporation, other than a cooperative housing corporation subject to the
provisions of article two, article four, article five or article eleven
of the private housing finance law, shall be permitted to charge a
tenant that is a dwelling unit owner or shareholder of such cooperative
housing corporation a fee of up to eight percent of the monthly
maintenance fee for the late payment of the monthly maintenance fee if
the proprietary lease or occupancy agreement provides for such fee.
3. Any provision of a lease or contract waiving or limiting the
provisions of this section shall be void as against public policy.
“The Director of the Office of Lead Hazard Control and Healthy Homes, or his or her designee, may initiate a civil money penalty action against any person who knowingly violates 42 U.S.C. 4852d… The maximum penalty is $21,018 for each violation.”
A landlord as defined in subdivision two of section two hundred eleven of this chapter shall append to or incorporate into any initial lease, renewal lease, notice required pursuant to paragraph (a) of subdivision one of section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of section seven hundred eleven of the real property actions and proceedings law, or petition pursuant to section seven hundred forty one of the real property actions and proceedings law, the following notice: [notice omitted here for reasons of length, but available at the primary source link provided.]
How Long Can a Residential Lease Be in New York? The maximum length of a standard residential lease agreement in New York is one (1) year. Oral leases for a term shorter than one year are permitted, but they cannot be enforced for periods longer than one year (NY Gen Oblig L § 5-701 (2019)). Read more » Is a Contract to Lease Binding in New York? Yes, a contract to lease is legally binding in New York. As soon as the landlord and tenant sign the lease, they are bound to the terms presented there. Failure to comply can lead to legal consequences. Read more » Do Lease Agreements Need to Be Notarized in New York? No, lease agreements do not need to be notarized in New York. Since leases are treated much the same as a standard contract in this state, notarization is not necessary. Read more » Can a Lease Automatically Renew in New York? Yes, leases can automatically renew in New York. Leases can include automatic renewal clauses. In this case, the landlord usually sends a notice regarding the renewal clause 15-30 days before the tenant must notify the landlord if they don’t intend to renew the lease (NY Gen Oblig L § 5-905 (2019)). Read more »
