New York Residential Lease Agreement

Last Updated: October 12, 2023 by Roberto Valenzuela

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 Lease Agreement Disclosures

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

Operative Fire Sprinkler System Notice

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Applies to ALL New York residential leases.

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.

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 system

For functioning systems, the maintenance history is as follows:
_________
_________
_________

Security Deposit Holdings Disclosure

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Applies to New York rental agreements where the landlord collects a security deposit.

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.

Download: New York Security Deposit Holdings Disclosure Form (PDF)

Certificates of Occupancy

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Applies to New York rentals of properties which contain 3 or fewer units.

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.

Lead-Based Paint Disclosure

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Applies to all rental units built before 1978.

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:

Download: New York Lead-Based Paint Disclosure Form (PDF)

Additional Mandatory Disclosures in New York City

  • Bed Bug Disclosure: Applies to all NYC rentals. Landlords must disclose a one-year history of bed bug infestation for the unit and the building in which it is located. Units with bed bugs may not be rented out, and landlords must eradicate infestations. Download: New York City Bed Bug Disclosure Form (PDF)
  • Stovetop Protections Notice: Applies to NYC multiple dwellings. Landlords must annually remind each tenant that landlords have an obligation to provide stove knob covers, or permanent stove safety knobs with an integrated locking mechanism.
  • Signed Lease Agreement: Applies to NYC rent-stabilized units. The landlord must give the tenant a copy of the signed lease agreement within 30 days of the rental beginning.

Optional Disclosures and Addenda (Recommended)

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 greater. Returned check fees are limited to $20 per returned check.
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.
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Some New York cities, like New York City, have more comprehensive rules than the statewide standard. Always check local laws.

Failure To Include Mandatory Disclosures

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.

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