Legal Documents Disclosure and Requirements in Property Leases

ROBERT FRIEDMAN, ATTORNEY JUSTIN R. FRIEDMAN, ATTORNEY June 12, 2024

I. BED BUG ADDENDUM / DISCLOSURE OF INFESTATION HISTORY Tenant Affirmation Tenant Inspection Tenant s Duty to Report D. Landlord Access Tenant Cooperation Prohibitions G. Renter s Insurance H. Violations Indemnification Disclosure of Infestation (NYC) A. B. C. E. F. I. J.

II. CONFESSION OF JUDGMENT AFFIDAVIT NY CPLR 3218 Authorizes Landlord to enter a judgment for a sum due or to become due. County Where Tenant Resides D. Consumer Debt Interest Rate of 2% Applies Enter Judgment in State Supreme Court Within Three Years Can t be entered after death G. Enforced same as any other judgment, such as wage garnishment H. Joint Debtors A. B. C. E. F.

III. CRIME-FREE / DRUG-FREE RIDER NY Courts: Tenant s Responsibilities for Drug Dealers U.S. Supreme Court: HUD v. Rucker (2002): 1988 Drug Abuse Act Any Household Member or Guest or Other Person Under Tenant s Control D. Engaged in Violent or Drug-Related Criminal Activity Regardless of the Tenant s Knowledge On or Near Premises G. Zero Tolerance H. Case Study: Section 8 Tenants A. B. C. E. F.

IV. FLOOD HISTORY DISCLOSURE Due to unprecedented rainfall and disastrous flooding. NY Real Property Law Sec. 231-B, effective June, 21, 2023. Every residential lease must disclose any prior flood damage to the leased premises due to a natural flood event, such as heavy rainfall, coastal storm surge, tidal inundation, or river overflow, that the landlord knows or reasonably should know has occurred to such premises and the nature of any such damage. D. Lease must also disclose whether the property is within a FEMA designated floodplain or the 100-year or 500-year floodplain. Unlike the law concerning property sales, the landlord is required to determine this. A. B. C.

For most locations, information can be obtained online from the FEMA Flood Map Service Center by entering the address and clicking on Dynamic Map. E. Residential leases must also provide notice that flood insurance is available to tenants through FEMA s National Flood Insurance Program: to cover your personal property and contents in the event of a flood. A standard renter s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered. F.

V. LEAD-BASED PAINT HAZARDS DISCLOSURE Poisoning of children from lead paint in aging rental housing is an ongoing national public health crisis, but is of particular concern in New York State, especially in Buffalo and the surrounding area. City of Buffalo suffers from some of the highest rates of childhood lead exposure in the nation, citing poor housing conditions in old homes with lead paint. In the Buffalo region, children who live in communities of color are 12 times more likely than children who live in predominately white neighborhoods to be diagnosed with an elevated blood lead level. A. B. C.

D. NYSAG v. Dalfin: $5.1 million in restitution and penalties. E. Pre-1978 Housing F. Lead-Based Paint Disclosure & Records G. Pamphlet: Protect Your Family from Lead in Your Home

VI. MOVE-IN / MOVE-OUT CHECKLIST A. Landlord s Burden of Proof: Damages B. Tenant Protection Act of 2019 C. Move-in Inspections: Landlords must offer tenant s a move-in inspection before they take occupancy of the apartment. If any repairs needed, Landlord must prepare a written agreement.

D. Move-out Inspections: Landlords must on 48 hours notice notify the tenants of their right 7 to 14 days before the end of the lease term to do a move-out inspection. Landlords must prepare an itemization of what will be deducted from the security deposit and give the tenant an opportunity to correct those defects or damages. If fail to do this, Landlord can be sued for actual damages plus punitive damages of two times the security deposit. Smoke Detector Records Carbon Monoxide Detectors G. Photographs/Videos H. Return of Security Deposit: 14 Days E. F.

VII. PERSONAL GUARANTY Not a Tenant A. Not Affected by Lease Changes B. Waiver of Notice of Default C. D. Confession of Judgment

VIII. PET REGISTRATION FORM Description: Type/Size/Age/Sex/Color/Name License Number and Expiration Date Vet s Name, Address, and Telephone Number D. Inoculations Flea Treatments Alternate Care in Emergencies G. Renter s Insurance A. B. C. E. F.

IX. SERVICE ANIMAL / EMOTIONAL SUPPORT (ESA) RIDER A. Allow as a Reasonable Accommodation B. Nine Common Mistakes to Avoid Not knowing the definition of an ESA Not knowing what laws apply to ESAs Not knowing the difference between ESAs, service animals, and therapy animals Asking the tenant too many questions Requiring that the tenant provide only a doctor s letter Asking for the tenant s medical records or confidential healthcare information Not requiring tenants to sign ESA lease riders Restricting the specific breed or size of an ESA Charging additional security deposits 1. 2. 3. 4. 5. 6. 7. 8. 9.

Tenant Certifies: not a threat and will not cause damage C. D. Ten-day Notice Tenant Obligation to Clean Up E. Leash F.

X. SMOKING POLICY A. NYS Clean Indoor Act Prohibits Smoking in Places of Employment B. NYC Smoke-Free Air Act of 2002- Ten or more units C. Disclosure Laws: City of Buffalo and Rockland County D. Legal Liability: Breach of Warranty of Habitability Negligence Trespass Nuisance Breach of the Covenant of Quiet Enjoyment Federal Fair Housing Act Chemical Sensitivity Disorder 1. 2. 3. 4. 5. 6.

Locations Prohibited E. Include Electronic Cigarettes and Marijuana F. G. Complaint Procedure

XI. SPRINKLER DISCLOSURE Real Property Law 231-a (12/3/14) A. Heat from fire automatically causes water to be discharged B. Existence or Lack of Sprinkler System C. D. Date last inspected and maintained

XII. TENANTS RIGHTS TO REASONABLE ACCOMMODATIONS NOTICE A. NY Human Rights Law 296.2-b and 296.18-a (March 2, 2021). B. Disclosure to all tenants and perspective tenants of their right to request reasonable modifications and accommodations if they have a disability within thirty days of the beginning of their tenancy.

C. Tenants with a physical, mental, or medical impairment, can request: Permission to change the interior to make it accessible. Tenants must pay for these modifications and can be required to restore the unit to its original condition when they move out. Changes to rules, policies, practices, or services. Changes to common areas of the building so that tenants have an equal opportunity to use the building. NYS Human Rights Law requires landlords to pay for reasonable modifications to common use areas. 1. 2. 3.

D. Examples of reasonable modifications and accommodations that may be requested include: 1. For a mobility impairment, a ramp or other reasonable means to permit tenants to enter and exit the building. 2. Tenants with documentation that having an animal will assist with their disability should be permitted to have the animal in their unit despite a no pet rule. 3. Installation of bathroom grab bars at the tenant s expense. If the housing was built for first occupancy after March 13, 1991 and the walls need to be reinforced for grab bars, the landlord must pay for that. 4. Tenants with an impairment that requires a parking space close to their unit, can request that parking space, or be placed at the top of a waiting list if no adjacent spot is available. 5. Tenants with a visual impairment and require printed notices in an alternative format such as large print font, or need notices to be made available to you electronically, can request that accommodation.

FOR FURTHER INFORMATION Call: 716.542.5444 Visit: WNY-LAWYERS.COM Email: rfriedman@legalsurvival.com