If you own a rental unit in New York, it’s important for you to understand what mandatory disclosures are. In this context they are disclosures about the condition of an apartment that tenants sign off on before they move in.
Lead disclosure
All landlords in the U.S. are required to disclose the presence of lead paint in their units if the buildings were constructed before 1978. Even if the lead paint has already been removed from the unit, the landlord must still provide tenants with a mandatory disclosure and an EPA-approved pamphlet about lead paint hazards.
Bedbug disclosure
The mandatory bedbug disclosure is a landlord/tenant issue that is specific to New York City. All tenants must be provided with a one-year history of bedbug infestations in the building, even if they didn’t impact the unit that is being rented. Every time the lease is renewed, the landlord must provide another bedbug disclosure to the tenant.
Sprinkler system
Although rental units in New York are not required to have a sprinkler system, this state still requires a sprinkler system disclosure. Landlords must tell potential tenants whether or not the unit they are interested in has a sprinkler system and when the sprinkler system was last serviced.
Other things to keep in mind
It’s important to note that all landlords in New York must maintain legally habitable rental units. That means that rental units must always be kept in safe and livable conditions. At the same time, landlords are not legally required to disclose every single problem with a rental unit to potential tenants. However, tenants can request an inspection of the unit after the lease is signed so that they are not unfairly charged for existing damage.