New York State Lease Agreement: Three Disclosures Every Landlord Must Include
Published on Feb 4, 2026
New York State requires three written disclosures in every residential lease before a tenant signs: flood history, sprinkler system status, and security deposit documentation. Most generic lease templates still don't include all three. This guide covers what each disclosure must contain and why a landlord who skips any of them has an incomplete agreement.
For a broader overview of what goes into a residential lease, see our guide to the essential elements of a lease agreement.
New York State Flood Risk Disclosure
As of 2023, all landlords in New York State must provide a written flood disclosure before a tenant signs a new lease or renews an existing one. This requirement applies statewide, not just in coastal areas.
What the disclosure must include
The landlord must state:
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Whether the property is located within a FEMA-designated flood plain
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Whether the property has experienced previous flood damage, such as:
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Water intrusion
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Mold growth resulting from prior flooding
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A formal notice informing tenants about their options for flood insurance.
Landlords must provide this statement in good faith based on available records, even if they are unsure of the exact flood zone classification. A lease that skips this section is incomplete under current New York law.
Why this matters
New York strengthened these laws following significant storm damage in NYC and upstate regions. This disclosure allows tenants to:
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Assess personal risk before committing to a move.
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Secure renter's flood insurance to protect their belongings.
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Avoid unexpected costs associated with water damage.
Sprinkler System Disclosure (NY Real Property Law §231-a)
Under New York Real Property Law Section 231-a, every residential lease must clearly state the status of fire sprinklers in the unit.
The lease must disclose:
1.
If a sprinkler system exists in the rental unit.
2.
The last date of inspection or service (if a system is present).
This requirement applies to:
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Apartments
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Single-family rentals
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Multi-family dwellings
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Any residential property legally rented in New York State
The disclosure does not require landlords to install sprinkler systems; it requires landlords to be transparent about whether they exist.
Clear transparency
Many older buildings, especially pre-war apartments, do not have modern sprinkler systems. By including this in the lease, landlords meet their legal obligations, and tenants gain a clear understanding of the building's fire-safety infrastructure.
One important detail: this information must appear directly in the lease itself. A separate attachment does not satisfy the requirement.
Security Deposit Rules
New York law requires landlords to document security deposits in writing, hold them in a separate account, and follow specific procedures at move-out. The 2019 Housing Stability and Tenant Protection Act further added a one-month cap on what landlords can collect and a 14-day deadline for returning funds with an itemized statement.
Written Receipt
When a tenant pays a security deposit, the landlord must issue a written receipt stating:
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The exact amount collected
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The name and address of the bank or institution where the funds are held
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The specific branch location
If the landlord later moves the deposit to a different bank, the tenant must be notified in writing again.
Separate and Interest-Bearing Accounts
New York requires security deposits to be stored in:
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Separate Accounts: Security deposits must never be mixed with the landlord's personal funds.
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Interest-Bearing Accounts: For buildings with six or more units, the deposit must be kept in an interest-bearing escrow account. Tenants are entitled to the annual interest earned, minus a 1% administrative fee for the landlord.
Move-In and Move-Out Inspection Requirement
Under NYS law, the landlord must:
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Offer an initial inspection with the tenant
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Provide a move-in inspection form
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Perform a final inspection before making any deductions from the deposit
Without proper documentation at both stages, a landlord may find it legally difficult to withhold money for damages.
Pre-1978 properties: the federal lead paint disclosure
New York's three required disclosures cover flood history, sprinkler systems, and security deposits. For any rental property built before 1978, there is a fourth, federal requirement that most New York lease templates do not include.
The Residential Lead-Based Paint Hazard Reduction Act requires landlords of pre-1978 properties to disclose known information about lead-based paint and lead paint hazards before a tenant signs. The disclosure has three components: a written form documenting any known hazards in the property, the EPA pamphlet "Protect Your Family From Lead in Your Home" given to the tenant before signing, and a signed acknowledgment by the tenant confirming receipt.
Violations can result in EPA and HUD enforcement. A lease that omits this section is incomplete for almost all properties built before 1978, regardless of how thoroughly it handles the three New York State requirements.
If your New York property was built before 1978, Legal Opus offers a New York pre-1978 residential lease that includes both the three required New York State disclosures and the federally required lead paint disclosure. $35, no subscription.
Why These Disclosures Matter
These requirements exist because New York law places a high value on informed consent before a tenant commits to a lease.
1.
Tenant safety
Flood zones and sprinkler information allow tenants to make informed decisions about the physical risks of the property.
2.
Financial transparency
Specific receipt rules ensure that money tenants hand over on day one is handled with accountability and can be returned cleanly at the end.
3.
Legal compliance
For landlords, including these sections correctly protects the agreement from being contested later.
Create Your New York Lease Agreement
Legal Opus offers a New York State residential lease agreement with the three required disclosures already included. You fill in the fields, see the document take shape as you go, and download a complete, ready-to-sign package. It starts at $35, one payment, no subscription. For properties in New York City, the NYC residential lease includes additional required city-specific disclosures.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice.