New York Home Seller Disclosure Requirements (2026)

New York Property Condition Disclosure Statement

New York's Property Condition Disclosure Act (RPL §462) requires sellers of 1–4 family residential properties to provide a Property Condition Disclosure Statement to buyers. The form covers 48 questions about the property's condition, including roof, foundation, plumbing, electrical, and environmental hazards.

Key option: Sellers may opt out by giving the buyer a $500 credit at closing instead. Many NYC sellers choose this route, but buyers may view it negatively — consult your attorney.

Federal Lead Paint Disclosure

For homes built before 1978, federal law (42 U.S.C. §4852d) requires:

Written disclosure of any known lead-based paint or hazards

Provide the EPA pamphlet "Protect Your Family from Lead in Your Home"

Give buyers a 10-day inspection period for lead testing

NYC-Specific Disclosures

Flood zone: If the property is in a FEMA flood zone, disclosure is required. Check FEMA's Flood Map Service Center.

Certificate of Occupancy: Sellers must disclose any open building permits or work done without permits. Buyers can pull DOB records, so surprises hurt deals.

Co-op and condo: Building financials, pending assessments, underlying mortgage (co-ops), and litigation must be disclosed in the board package.

Required Forms Summary

FormRequired For |------|-------------| Property Condition Disclosure Statement1–4 family homes Lead Paint DisclosurePre-1978 homes FIRPTA CertificationAll sales (foreign seller check) NYC RPT (Real Property Transfer Tax)All NYC sales

Transfer Taxes

NYC has both city and state transfer taxes:

NYC: 1% on sales up to $500K; 1.425% above $500K

NYS: 0.4% on most residential; 0.65% on $3M+

Additional "mansion tax" of 1%–3.9% on sales $1M+ (paid by buyer)

Download NY disclosure forms and find flat fee MLS services.