In short
Under the Property Condition Disclosure Act (Real Property Law §§ 460-467), a seller of a one-to-four family home must deliver a signed Department of State disclosure statement to the buyer before the buyer signs a binding contract. Since March 20, 2024, per the New York State Bar Association, the old $500 credit that let sellers skip the form is gone.
What must a New York seller disclose?
Section 462 requires the seller of “residential real property” to complete and sign the Department of State’s Property Condition Disclosure Statement and deliver it to the buyer or the buyer’s agent before the buyer signs a binding contract of sale. The buyer signs to acknowledge receipt.
The law defines residential real property as a one-to-four family dwelling. The Department of State’s form excludes:
- unimproved land on which dwellings are to be built;
- condominium units and cooperative apartments;
- property in a homeowners’ association that the seller does not own in fee simple.
Sellers answer from actual knowledge. The form tells them to check “NA” when a question does not apply and “Unkn” when they do not know. The seller has no duty to inspect the property or search public records to fill it in.
What changed on March 20, 2024?
Before 2024, a seller could skip the form and give the buyer a $500 credit at closing instead. The form then in use still carried that wording (revision 06/23). The 2024 amendment (Chapter 484 of the Laws of 2023, according to the State Bar) did two things:
- It removed the credit. Delivering the statement is now the only path in the law.
- It added flood questions to the form.
The current Department of State form (revision 02/25) asks sellers, among other things:
| Topic | What the form asks |
|---|---|
| FEMA floodplain | Whether any part of the property is in a FEMA-designated floodplain |
| Flood zones | Whether it lies in the 100-year (Special Flood Hazard Area) or 500-year floodplain on FEMA’s current flood insurance rate maps |
| Federal requirement | Whether federal law requires flood insurance on the property |
| Disaster aid | Whether the property received FEMA, SBA or other federal flood assistance |
| Insurance and papers | Whether there is flood insurance (attach the policy) and a FEMA elevation certificate (attach a copy) |
| Claims and damage | Whether the seller ever filed a flood damage claim, and whether the structure had water penetration from seepage or a natural flood event |
The form also asks about lead plumbing, radon tests, fuel tanks, asbestos, roof age, the septic or sewer system and many building systems. A flood-risk check is easy to do yourself: see flood insurance.
Are any sales exempt?
Yes. Section 463 says no statement is required for certain transfers, including:
- foreclosure sales, sheriff’s sales, deeds in lieu of foreclosure and sales by a lender that took the home through foreclosure (see foreclosure in New York);
- court-ordered transfers, such as probate, bankruptcy trustee and eminent domain transfers;
- transfers by an executor, guardian, conservator or trustee;
- transfers between co-owners, between spouses, or to family members in the direct line of descent;
- transfers to or from a government body;
- sales of a newly built home that has never been occupied.
What if the seller gets it wrong?
Section 465 sets the seller’s liability. A seller who provides a statement, or who provides or fails to provide a revised one, is liable only for a willful failure to meet the article’s requirements, and then for the buyer’s actual damages. The law also keeps other remedies available to the buyer. The form itself warns that a “knowingly false or incomplete” statement may expose the seller to claims before or after the transfer of title.
The statement is not a warranty and does not replace inspections. The form urges buyers to get their own inspections and to check public records. If the seller learns something that makes a delivered statement materially inaccurate, the seller must deliver a revised one as soon as practicable. That duty ends at the transfer of title or the buyer’s occupancy, whichever comes first.
What about lead paint?
Federal law adds a separate duty for homes built before 1978. According to the EPA, the seller and agent must:
- give the buyer the EPA lead pamphlet before the buyer signs a contract;
- disclose known lead-based paint and hazards and hand over available reports;
- attach a lead warning statement to the contract;
- allow a 10-day period for a paint inspection or risk assessment, which the parties may shorten, lengthen or waive in writing;
- keep signed copies for three years.
The state form repeats the point: a home built before 1978 should be checked for lead-based paint. Buyers should also read the home inspection cost guide.
What do landlords disclose about flooding?
Disclosure is not only for sales. Real Property Law § 231-b requires every residential lease to say whether the premises sit in a FEMA floodplain, the 100-year or the 500-year flood area. It also covers prior flood damage the landlord knows or should know about, and it requires a notice that flood insurance is available to renters. Tenants can read more on the tenant rights page.
Frequently asked questions
Can a New York seller still pay $500 instead of filling out the form?
No. Since March 20, 2024, the credit option is gone. A seller of a covered home must deliver the statement before the buyer signs a binding contract, according to the State Bar.
Does the form cover condos and co-ops?
No. The Department of State’s definition of residential real property leaves out condominium units, cooperative apartments and homeowners’ association property the seller does not own in fee simple. It applies to one-to-four family homes.
Is the seller guaranteeing the home’s condition?
No. The statement says it is not a warranty and not a substitute for inspections. Sellers answer from actual knowledge, and liability under § 465 requires a willful failure. Buyers can still use other remedies the law preserves.
Where do I get the official form?
The Department of State publishes the Property Condition Disclosure Statement (DOS-1614-f) on its website. Use the current revision (02/25 when this article was checked).
Do I need a lawyer to complete it?
The law does not say so. Sellers complete the form themselves, from their own knowledge. For help with legal questions, see real estate attorneys in New York.
Compare with the other states: Seller disclosure laws by state.
More New York guides
- Closing costs in New York: what buyers and sellers pay
- New York transfer tax: state, NYC and mansion tax
- Property tax in New York: rates, STAR and how to contest
- Do you need a real estate attorney in New York?
- How foreclosure works in New York: a court process
- Home prices in New York and NYC: median value and trend
- New York first-time buyer programs: SONYMA and HomeFirst
- How to verify a real estate license in New York
- Tenant rights in New York: deposits, rent limits, good cause
Sources
- Real Property Law, Article 14, Sections 460-467, Property Condition Disclosure (New York State Senate) (consulted October 13, 2026)
- Real Property Law § 462, Property condition disclosure statement (New York State Senate) (consulted October 13, 2026)
- Real Property Law § 463, Exemptions (New York State Senate) (consulted October 13, 2026)
- Real Property Law § 465, Liability (New York State Senate) (consulted October 13, 2026)
- Real Property Law § 231-b, Flood notices in residential leases (New York State Senate) (consulted October 13, 2026)
- Property Condition Disclosure Statement, form DOS-1614-f, Rev. 02/25 (New York Department of State) (consulted October 13, 2026)
- Property Condition Disclosure Statement, form DOS-1614-f, Rev. 06/23 (New York Department of State) (consulted October 13, 2026)
- Real Estate Disclosure, lead-based paint in pre-1978 housing (U.S. EPA) (consulted October 13, 2026)
- PCDA amended: $500 seller credit deleted and additional questions added to PCDS (New York State Bar Association) (consulted October 13, 2026)