New York State Disclosure Form for Landlord and Tenant

Jurisdiction: Country: The United States | Province/State: New York

What is a New York State Disclosure Form for Landlord and Tenant?

Clear definition

The New York State Disclosure Form for Landlord and Tenant is an agency disclosure form. It explains who a real estate licensee represents in a rental transaction. It tells you if the agent works for the landlord, the tenant, or both. It also explains the agent’s legal duties to each side. It is not a lease. It does not set rent or other deal terms. It is a notice and acknowledgment of agency relationships in a rental.

The form lays out the possible roles. Those include the landlord’s agent, the tenant’s agent, the broker’s agent, the dual agent, and the dual agent with designated agents. It uses checkboxes and plain language. You sign to confirm you received and understood the disclosure. If you consent to dual agency, you sign for that too.

Who typically uses this form?

Licensed real estate brokers and agents use this form in rental deals. They must present it to the landlord or tenant they are advising. This usually happens at the first meaningful conversation. It occurs before you share personal or financial details or see a unit. It can also be given at a listing appointment with a landlord. Owners who rent on their own without an agent do not use this form.

Tenants and landlords will see this form when they work with an agent. If you are a tenant touring a unit with an agent, you will be given this form. If you are a landlord hiring a broker to market a rental, you will sign this form. If both sides have agents, each agent will present it to their client.

Why you might need this form

You need this form so you understand who the agent owes duties to. That protects your interests. It helps you decide what to share with the agent. It also reduces confusion about loyalty and confidentiality. If an agent represents the other side, you should know that before you speak freely. If one firm represents both sides, you must consent to that in writing. This form documents that consent.

From the agent’s view, the form is required by state law. It must be presented early. It must be signed, or the refusal to sign must be noted. It also must be kept on file for a set period. Using the proper version reduces risk and supports commission claims.

Typical usage scenarios

You tour an apartment with an agent who found the listing. The agent works for the landlord. They give you the form before the tour. You sign as a prospective tenant to show you understand their role. You now know not to share your top budget with that agent.

You are a landlord meeting a broker about listing your unit. The broker presents the form at the meeting. You sign it as a prospective landlord client. The broker checks “landlord’s agent.” You now understand the broker owes you undivided loyalty and confidentiality.

You hired your own renter’s agent. That agent schedules showings of various units. Your agent presents the form to you first. They check “tenant’s agent.” They also confirm if any listing agent will share the fee. When you tour a unit, the listing agent may present the form again for their side. You sign both to acknowledge each agent’s role.

You call a large brokerage about a unit. They also have a renter’s agent ready to assist you. This creates a dual agency situation at the firm level. The firm can only proceed if both sides give informed consent. The form explains dual agency and how designated agents work. You sign to consent to dual agency and to the named designated agents.

You are a commercial tenant. The form may be offered as a best practice. It can clarify roles in a complex lease. While not always required in commercial deals, it is often used. It helps align expectations at the start.

When Would You Use a New York State Disclosure Form for Landlord and Tenant?

You use this form at the first substantive contact between a real estate agent and a landlord or tenant in a rental. Substantive contact means a meaningful discussion about needs, price, or confidential facts. It also includes a property showing. The form should come before you share sensitive information or see the unit. This timing allows you to protect your position. It lets you decide what to disclose to the agent.

Landlords will see this form when they interview or hire a broker to rent a unit. It should be presented at the listing meeting or before a listing agreement is signed. The broker checks “landlord’s agent” or “broker’s agent,” if used. If the firm expects to allow dual agency, that is disclosed. You can consent to dual agency at that time or decline it.

Tenants will see this form when they first work with an agent. It might be at a showing, a rental consultation, or a first call where details are discussed. The agent will check “tenant’s agent” if they represent you. If they are the listing agent for the unit, they will check “landlord’s agent.” If they represent the landlord and you ask them for advice, they should present the form first. That way you understand they owe loyalty to the landlord.

If two agents from the same brokerage will represent each side, the form will be used to disclose designated agency. The firm names the designated agents. Both landlord and tenant must consent in writing. If either party does not consent, the firm should not act as a dual agent. The firm can refer one party to another brokerage or agent outside the firm.

The form is also used when an agent becomes a broker’s agent. A broker’s agent works for a listing broker but interacts with the tenant. The form explains that this broker’s agent owes duties to the landlord. Tenants need to see that before discussing strategy. The form clarifies loyalty and limits of confidentiality.

If you are a tenant dealing only with a private owner, no agent is involved. The form is not used. If you later bring in an agent to help you, the form should be presented then. If a landlord starts as a “for rent by owner” and later hires a broker, the form is presented at hiring. It is not retroactive. It documents the relationship going forward.

If a rental deal shifts midstream, the form should be updated. For example, your renter’s agent’s firm takes over the listing from the original firm. This may create a dual agency. You would need to receive a new disclosure and consent. When the role changes, the paperwork should match the new role.

Legal Characteristics of the New York State Disclosure Form for Landlord and Tenant

This form is required in many rental transactions involving licensed real estate agents in New York. The requirement exists to protect consumers by clarifying agency roles. It also supports fair dealing by setting expectations early. It is presented by the agent. It is acknowledged by the landlord or tenant.

The form itself is not a lease or brokerage contract. It does not set a commission or create an exclusive arrangement. It does not bind you to rent or list a property. It is a disclosure and acknowledgment. It becomes legally significant because it documents informed consent and notice. It also documents dual agency consent if that applies. Dual agency needs informed written consent from both sides. Without that consent, a firm should not act for both. Using the form properly helps satisfy this consent requirement.

Enforceability rests on clear disclosure, proper timing, and accurate completion. The agent must provide the form at the first substantive contact. The agent must check the correct agency box. The agent must explain the roles in plain terms. The parties should sign and date it. If a party refuses to sign, the agent should note the refusal on the form. The agent should keep a copy. Good recordkeeping helps show compliance if a dispute arises.

Failure to use the form when required can have serious effects. An agent may face discipline. A commission claim may be at risk. A court or regulator may find a breach of fiduciary duty. None of this automatically voids a lease that was otherwise valid. But it can affect claims about duties, damages, or fees. Using the form correctly reduces these risks.

The form also frames fiduciary duties. A landlord’s agent owes undivided loyalty to the landlord. That includes confidentiality, full disclosure, obedience to lawful instructions, reasonable care, and accounting. A tenant’s agent owes those same duties to the tenant. A broker’s agent owes duties to the agent’s principal. A dual agent owes limited duties to both sides. A dual agent cannot provide undivided loyalty. A dual agent cannot disclose a party’s confidential info without consent. The form explains these limits in clear language.

You should read the role descriptions before you sign. Ask questions if anything is unclear. You can decline dual agency if you are not comfortable. You can choose to work with separate firms to avoid dual agency. The form is meant to support informed choice. It is not a mere formality.

Agents must keep executed forms for a set period. This period ensures records exist if questions later arise. Keep your copy as well. It provides a clear record of the agent’s duties to you at the time. It also shows whether dual agency was disclosed and allowed.

How to Fill Out a New York State Disclosure Form for Landlord and Tenant

Follow these steps to complete the form correctly and avoid delays.

1) Confirm the latest version.

Ask your broker for the current state-approved version. Use that. Do not alter the standard language. If you fill it out electronically, ensure it matches the paper version.

2) Identify the property and transaction type.

Enter the street address of the rental property, if known. If you represent a tenant and are early in the search, write “various properties” and add the neighborhood or city. Clarify that this is a rental, not a sale.

3) Name the parties clearly.

List the landlord’s full legal name if known. If the owner is an entity, use the entity’s exact name. List the tenant’s full legal name if known. If you are at an early stage, use “prospective landlord” or “prospective tenant.” Add phone or email if the form allows it.

4) Identify the brokerage and licensee.

Enter the brokerage’s full legal name. Add the office address and phone number if the form provides fields. Write the agent’s name as it appears on the license. If the form has space for a license number, include it. If a team is involved, list the individual agent’s name, not just the team name.

5) Choose the correct agency relationship.

Read the role descriptions on the form with the party. Check only the box that matches the actual role. For a listing meeting, check “landlord’s agent.” For a renter’s consultation, check “tenant’s agent.” If you are assisting the tenant but are a broker’s agent for the listing broker, check “broker’s agent.” If your brokerage will represent both sides, prepare for dual agency disclosure.

6) Disclose dual agency when applicable.

If your firm will represent both landlord and tenant in the same deal, check “dual agent.” Explain the limits on loyalty and confidentiality. Obtain informed written consent from both parties. Do not proceed without consent. If using designated agents, also complete the next step.

7) Complete designated agents if used.

If your firm uses designated agents, check “dual agent with designated agents.” List the designated agent for the landlord. List the designated agent for the tenant. Use full names. The principal broker or manager acts as the dual agent. The named designated agents owe full fiduciary duties to their assigned client. Ensure both parties consent in writing to this setup.

8) Explain fiduciary duties in plain terms.

Walk through the duties tied to the checked role. For a landlord’s agent, highlight undivided loyalty to the landlord. For a tenant’s agent, highlight loyalty to the tenant. For dual agency, explain the duty to treat both sides fairly. Explain that confidential facts remain protected. Confirm the party understands before signing.

9) Address compensation if the form includes it.

If the form has a line about who pays the commission, complete it. Note if the landlord pays the fee, the tenant pays, or the parties split. If the fee arrangement is unknown, state “to be determined.” Do not state legal conclusions about fee splitting beyond your policy. Keep it factual.

10) Obtain signatures and dates.

Ask the party to sign and date the form. Use ink or compliant e-signatures. If the form requires both printed name and signature, fill both. If the party declines to sign, write “refused to sign” where the signature would be. Date the note. Sign and date as the agent and keep a copy. Continue only if your broker permits it.

11) Provide copies to the parties.

Give a copy to the signing party at the time of signing. If both landlord and tenant sign at different times, give each their copy. Keep a copy for your records. If using e-signatures, ensure the system delivers copies automatically.

12) Recordkeeping and retention.

File the executed form in the transaction file. Keep it for at least the required retention period. Keep it even if the deal does not close or the party never signs a lease. If the relationship evolves into a different role, keep both the original and the updated form.

13) Update the form if roles change.

Revisit the form if your role changes mid-transaction. For example, your renter’s agent firm takes the listing as well. Now dual agency applies. Present a new disclosure immediately. Obtain dual agency consent from both sides before continuing. If dual agency ends, document that change too.

14) Use clear comments for special situations.

If the form leaves out key context, add a short note. Examples include “representing tenant only for 123 Main St.” or “no dual agency authorized.” Keep comments factual and brief. Do not change statutory language.

15) Coordinate across multiple agents.

If several agents will cover showings, decide who is the designated agent. Name that person on the form if the designated agency applies. If teams switch coverage, update the designated agent line. Keep the client informed of any change.

16) Handle open house or group showings carefully.

If you expect walk-in tenants at a showing, bring copies. Present the form before discussing nonpublic details. If a visitor declines to sign, note the refusal. Limit the discussion to general facts until they sign.

17) Avoid common errors.

Do not check more than one role unless it is dual or designated agency. Do not leave the address blank if you have it. Do not collect signatures after the negotiation has advanced. Do not state you represent both sides without written consent. Do not promise confidentiality you cannot provide.

18) Align with your listing or agency agreement.

Make sure the agency box matches your brokerage agreement. If your listing agreement allows dual agency, your disclosure should reflect that. If it forbids dual agency, do not check it on the form. Consistency helps avoid disputes.

19) Keep the conversation client-friendly.

Use plain language when you present the form. Avoid jargon. Confirm the party knows who you represent. Confirm they know what you can and cannot disclose. Invite questions. Do not rush the signature.

20) Retain proof of delivery.

If you emailed the form, keep the email trail. If you used e-signature, keep the certificate of completion. If in person, note the date, time, and location. Keep notes if a party refused to sign. These records can be vital later.

Practical example: You are a tenant’s agent. You schedule a showing at 456 Oak Avenue. Before the tour, you present the form to your client. You check “tenant’s agent.” Your client signs and dates. At the property, the listing agent presents the form to the tenant. That form shows the listing agent as “landlord’s agent.” The tenant signs it. Roles are now clear. Negotiations proceed with proper expectations.

Another example: You manage a large firm. A landlord hires your firm to list a loft. A tenant also hires your firm to find a loft. You decide to use designated agents. You present the form to the landlord first. You check “dual agent with designated agents.” You name the landlord’s designated agent. The landlord signs. You then present the form to the tenant. You check the same box and name the tenant’s designated agent. The tenant signs. Both parties now consent to this structure.

By following these steps, you will complete the form cleanly and on time. You protect the client’s expectations and your compliance. You also set a clear foundation for a smoother rental process.

Legal Terms You Might Encounter

• Agency relationship means the legal tie between you and a real estate licensee. On this form, you state who the agent represents in the rental: you, the other party, or both with consent.
• Fiduciary duties are the core obligations an agent owes to the client. The form lists duties such as loyalty, confidentiality, reasonable care, disclosure, obedience, and accounting. When you choose an agency type, you choose which duties you will receive.
• Landlord’s agent is a licensee who represents the owner’s interests. If you are a landlord and check this role, you get undivided loyalty. If you are a tenant reviewing the form, this tells you the agent does not represent you.
• Tenant’s agent is a licensee who represents the tenant’s interests. If you are a tenant and select this, the agent works for you. If you are a landlord reading the form, you know the agent’s duties run to the tenant.
• Broker’s agent is a licensee who works for another broker to assist the landlord’s or tenant’s agent. The broker’s agent owes duties to the client of the primary broker, not to you personally, unless you are that client. The form allows this role to be disclosed clearly.
• Dual agent is a licensee who represents both landlord and tenant in the same rental. The form requires your informed consent before this can happen. Dual agency limits some duties, especially undivided loyalty and full confidentiality.
• Designated agent means a broker appoints one agent to represent the landlord and another to represent the tenant within the same brokerage. The form shows these appointments. Each designated agent owes full fiduciary duties to their own client.
• Informed consent is your written agreement after you understand what a relationship means. The form explains risks and limitations of dual agency. You sign only if you agree with your eyes open.
• Confidential information includes facts you expect to keep private, such as your bottom-line price or need to move quickly. The form reminds agents when they must protect your information. It also explains the reduced confidentiality if you consent to dual agency.
• Advance consent to dual agency lets you agree ahead of time that dual agency may arise later. The form provides a place to grant or refuse this consent. If you grant it now, you still control what you share with the agent later.
• Material facts are items a reasonable person would want to know, such as source of a payment or a known defect. Even when confidentiality applies, agents must disclose material facts about the transaction they know and should disclose. The form clarifies this boundary.
• Compensation refers to how agents get paid. This form does not set commissions or fees. It only discloses relationships. Payment terms belong in separate agreements, not on this form.
• Acknowledgment is your signature confirming you received and reviewed the disclosure. It does not force you to hire the agent or agree to any price. It documents that the agency relationship was explained to you.

FAQs

Do you have to sign this form?

Yes, you will usually be asked to acknowledge receipt when an agent first discusses details with you. Your signature shows the relationship was explained. It does not commit you to hire anyone or rent a specific property.

Do you owe any fee for signing?

No. This form does not create a payment duty. It records who the agent represents. Any commission or fee belongs in a separate agreement.

Do you need a separate form for each property?

You should expect a disclosure for each transaction or a showing where substantive discussion happens. If your representation or the parties change, a new form or an updated one is appropriate.

Do you sign if you already have your own agent?

Yes. If you already work with a tenant’s agent or landlord’s agent, the form records that relationship. The listing side may also present a form reflecting its role.

Do you have to agree to dual agency?

No. Dual agency requires your informed written consent. If you prefer full loyalty and confidentiality, do not consent. You can still proceed with separate agents.

Do you sign if you refuse to consent to dual agency?

Yes. You can still sign the disclosure and decline dual agency. The agent should mark your choice clearly. You may work only within non-dual roles.

Do you need to update the form if roles change mid-transaction?

Yes. If dual agency arises or designated agents are appointed later, complete an updated disclosure. Make sure it reflects the new relationship and the date of the change.

Do both landlord and tenant need a copy?

Yes. Each side should receive a copy that shows the agent’s role for that side. The agent’s brokerage also keeps a copy in the transaction file.

Do you need to file the form with any office or court?

No. You generally keep it in your records and in the brokerage file. It is not a public filing. Treat it as a core part of your rental paperwork.

Checklist: Before, During, and After the New York State Disclosure Form for Landlord and Tenant

Before signing

• Confirm who you want the agent to represent: you, the other party, or neither.
• List anyone you have already hired (tenant’s agent, landlord’s agent).
• Decide in advance if you would ever consent to dual agency.
• Think about what you consider confidential and what you will or won’t share.
• Gather the property address or general description if known.
• Have names, contact details, and the brokerage information for all agents involved.
• Clarify whether designated agents will be used within the same brokerage.
• Ask how compensation works separately from this form, so you do not confuse the documents.

During signing

• Verify the correct property or transaction description is on the form.
• Check that the selected agency role matches your intent.
• Confirm whether the agent acts as landlord’s agent, tenant’s agent, broker’s agent, or dual agent.
• If designated agents are used, ensure the specific names of the designated agents appear.
• If dual agency is presented, read the limitations on loyalty and confidentiality.
• Only initial or sign dual agency consent if you agree.
• Review the summary of fiduciary duties and ask for plain-language examples.
• Make sure the date and time reflect when you had the substantive discussion.
• Print names clearly and sign where indicated. Ensure the agent signs as well.
• If anyone refuses to sign, ask the agent to note the refusal on the form with date and time.

After signing

• Request a legible copy for your records immediately.
• Share copies with your attorney or advisor if you use one.
• Keep the form with your lease and application paperwork.
• Verify that every party who needs a copy has one, including co-tenants or co-owners.
• Update the form if the representation changes, such as adding dual agency later.
• Confirm the brokerage stores the form in the transaction file.
• Follow your brokerage or office policy on retention. Keep it accessible through the lease term and beyond.
• Make sure this form aligns with any separate representation agreements you have signed.

Common Mistakes to Avoid

Choosing the wrong agency box

• Consequence: Misunderstood duties and possible conflict later.
• Don’t forget to slow down and confirm who represents whom before you sign.

Consenting to dual agency without understanding limits

• Consequence: Reduced loyalty and confidentiality you may later regret.
• Don’t consent unless you can live with those tradeoffs for this deal.

Leaving out designated agent names

• Consequence: Ambiguity about who actually represents you inside a large brokerage.
• Don’t accept “to be determined.” Ask for names or update the form once assigned.

Treating the disclosure form as a fee agreement

• Consequence: Confusion over payment obligations and disputes.
• Don’t rely on this form for compensation terms. Use a separate written agreement.

Failing to update when roles change

• Consequence: Claims of non-disclosure and breached duties.
• Don’t assume the first version still fits. Reissue or amend the form promptly.

What to Do After Filling Out the Form

1. Distribute copies right away. Keep a copy for yourself and confirm that the agent’s brokerage keeps one in the file. Ensure the other side of the rental has a copy reflecting their agent’s role.
2. Align your communication with the chosen relationship. If you have your own agent, route sensitive details through them. If you consented to dual agency, share only what you are comfortable making known to both sides.
3. Match this disclosure to any separate agreements. If you signed a representation agreement, make sure the roles match. Fix any mismatch before proceeding.
4. Attach the form to your rental file. Keep it with the application, offer, lease, and any addenda. Store it where you can retrieve it quickly if questions arise.
5. Amend if something changes. If a dual agency situation emerges, or designated agents are assigned later, complete an updated form. Date the change and circulate updated copies immediately.
6. Confirm confidentiality expectations. If you consented to dual agency, revisit what will stay private and what will not. Ask your agent to explain their boundaries in practical terms.
7. Document any refusal to sign. If someone would not sign, ensure the agent recorded the refusal with date and time. Keep that note with your file.
8. Set reminders. Note when the form was signed and any deadlines tied to the rental. Create a short checklist for who received copies and when.
9. Coordinate with move-in steps. As you finalize the lease, reconfirm that the agency disclosure stays accurate. If you add co-tenants or guarantors, determine whether new disclosures are needed.
10. Retain the form after the lease starts. Keep it through the lease term and for a period after. Follow your office or personal recordkeeping practices so you have proof of disclosure if issues arise.