New York used to let most home sellers skip the disclosure form by giving the buyer a $500 credit at closing. That option ended on March 20, 2024. Today, if you sell a house in New York, you should expect to fill out the full form. Here’s what’s required and how to do it right.
The Property Condition Disclosure Statement (PCDS)
- Who: sellers of most 1–4 family houses in New York State, including the Bronx, Manhattan, Queens, Brooklyn, and Westchester.
- Not covered: co-op apartments and condo units, plus some special transfers such as certain foreclosures and estate sales. Your attorney will confirm whether yours is exempt.
- When: give it to the buyer before they sign the contract.
- What: the form now has 56 questions, including new questions about flooding added in 2024.
What the form asks about
| Topic | Examples |
|---|---|
| Ownership and use | How long you’ve owned it, leases, easements, disputes |
| Flooding | FEMA flood zone, flood insurance, past flood damage, claims, FEMA aid, elevation certificate |
| Environmental | Mold, lead paint, asbestos, fuel oil tanks, radon tests |
| Structure | Roof leaks, foundation problems, water in the basement, pests |
| Systems | Heating, plumbing, electrical, water source, sewer or septic |
| Permits | Work done with or without permits, open violations |
You answer Yes, No, or Unknown, based on what you actually know. You are not required to hire an inspector to fill it out. But a knowingly false or incomplete answer can expose you to a claim from the buyer, before or after closing.
Other disclosures
- Lead-based paint (federal): for homes built before 1978, including co-ops and condos. Share any known lead paint and reports, give the buyer the EPA pamphlet, and allow a lead inspection period.
- Co-ops and condos: no PCDS, but the building’s financials, minutes, and offering plan do the disclosing. Be upfront about assessments you know are coming.
- Tenants: if you’re selling a multi-family with tenants, disclose the leases, rents, and security deposits.
Tips for filling it out
- Gather records first: repair invoices, permits, insurance claims, oil tank or radon tests.
- Check for open violations and permits. See Searching for Building Violations.
- Look up your flood zone on the FEMA Flood Map Service Center.
- If you’re not sure, answer “Unknown” rather than guessing “No.”
- Have your attorney review it before it goes to buyers.
- If something changes before closing (a new leak, for example), tell your attorney right away.
Disclosing a known problem early usually costs less than having a buyer discover it during inspection and lose trust in the deal.
This page is general information, not legal advice. Your real estate attorney should review your disclosures. We’re happy to refer you to one.
Related: Seller’s Checklist, Selling Timeline, and Understanding Contracts & Disclosures. Thinking of selling? Contact us.