New York Residential Lease Agreement

Last Updated: May 23, 2025 by Roberto Valenzuela

A New York residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

New York Lease Agreement Disclosures

New York requires these disclosures for residential lease agreements.

Disclosure Applicable To
Fire Sprinkler System All Rentals
Good Cause Eviction Notice All Rentals
Security Deposit Holdings All Units With a Security Deposit
Certificates of Occupancy 3 or Fewer Rental Units
Shared Utilities Disclosure All Units With Shared Metering
Lead Paint Units Built Before 1978

Operative Fire Sprinkler System Notice

Applies to ALL New York residential leases.

All New York rental agreements must have a conspicuous, bolded disclosure about 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:
_________
_________
_________

Good-Cause Eviction Notice Disclosure

Applies to all new and renewing New York leases.

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.

Security Deposit Holdings Disclosure

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

New York landlords can’t ask for a security deposit without giving a written disclosure of how deposited funds will be kept.

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

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

A New York property with three or fewer units can’t be rented out without a conspicuous, bolded notice disclosing the status (or absence) of a certificate of occupancy. A certificate of occupancy guarantees 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.

Shared Utilities Disclosure

Applies to New York properties which share a common utility meter.

In New York, when multiple rental units share a utility meter for the whole building or property, the landlord may in some cases charge separately for utilities through the installation of a submetering system or ratio billing system. The landlord must disclose how the charges are billed to individual tenants.

Lead-Based Paint Disclosure

Applies to all rental units built before 1978.

New York residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires 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 treat infestations.
  • Stovetop Protections Notice: Applies to NYC multiple dwellings. Landlords must annually remind each tenant that landlords have an duty 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 lease commencement.
  • Smoke/CO Detector Disclosure: Applies to all NYC rentals. Provides tenants with information about the function and proper usage of the unit’s smoke and carbon monoxide detectors.
  • Smoking Policy Disclosure: Applies to NYC multiple dwellings. Provides tenants with information about the building’s smoking policy.
  • Window Guard Disclosure: Applies to NYC multiple dwellings. Each new lease must contain a disclosure noting the city’s legal requirement to install window guards in any dwelling which houses children under 10 years old.

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 help with potential tenant conflicts or landlord liability.

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. New York limits late fees to $50 or 5% of the rent amount, whichever is less. 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.
Smoking Informs tenants of designated smoking areas which don’t interfere with the use of other premises.
note
Many cities in New York cities have more comprehensive rules than the statewide standard. Always check local laws, such as those for New York City.

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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