Does my NYC landlord have to disclose flooding or mold history?
New York's flood disclosure law requires landlords to inform prospective tenants in writing whether the apartment or building has experienced flooding in the past — but the reality is more complicated than it sounds.
What NYC landlords are legally required to disclose in 2026:
- Whether the apartment has flooded or been damaged by water in the past
- Whether the apartment is located in a FEMA flood zone (this can be checked independently via the NYC Flood Hazard Mapper)
- Bed bug history — landlords must provide a written disclosure of any bed bug infestations in the unit or building within the past year
- Carbon monoxide detector presence — landlords must confirm functional CO detectors are installed
- Lead paint — buildings built before 1978 require a lead paint disclosure
What landlords are NOT required to proactively share:
- Detailed history of water damage repairs
- Neighbor complaints about leaks or mold
- Building code violations (though these are public record)
How to protect yourself before signing:
- Run the address through NYC's Department of Housing Preservation and Development (HPD) database to check for open violations
- Search the NYC Buildings Department (DOB) online for any complaints or violations related to water damage or structural issues
- Ask specifically: "Has this apartment or building ever flooded?" — in writing, so you have a record
- Check if the address falls in a designated flood zone before signing a lease near the waterfront or in low-lying areas
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