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New York · Real Property Law §443-aNew York stigmatized property: what sellers needn't disclose, and how a buyer asks in writing

Under New York Real Property Law §443-a it is not a material defect or fact relating to property offered for sale or lease – residential property of any number of units included – that the property is, or is suspected to have been, the site of a homicide, suicide or other death by accidental or natural causes, or of any crime punishable as a felony, or that an owner or occupant is or was suspected to be infected with HIV or diagnosed with AIDS (§443-a(1)). No cause of action arises against the owner, occupant or either side's agent for not disclosing these facts, and not disclosing them is not grounds for discipline of a licensed agent or broker (§443-a(2)). If the information matters to the buyer's decision, the buyer may submit a written inquiry when negotiating or making a bona fide offer, to the seller's agent – or to the seller if there is none; the seller chooses whether to respond, and the seller's agent, with the seller's consent, reports any response to the buyer's agent or the buyer; a seller without an agent tells the buyer's side whether it chooses to respond (§443-a(3)). The section preempts any inconsistent local law (§443-a(4)).

What the statute says

  1. Not material (§443-a(1))

    Homicide, suicide, other death or a felony on the property; an occupant's HIV/AIDS.

  2. No liability (§443-a(2))

    No cause of action and no license discipline for not disclosing.

  3. Written inquiry (§443-a(3))

    The buyer asks in writing when negotiating or making an offer; the seller decides whether to answer.

  4. Statewide (§443-a(4))

    Inconsistent local laws are preempted.

Still not allowed

  • The safe harbor covers not disclosing – it says nothing that permits a false answer to the buyer's written inquiry.
  • Physical damage or contamination left by the event is a condition question, not a stigma one.
  • A seller without an agent still has to tell the buyer's side whether it will respond (§443-a(3)).

How agents and TCs handle the question

  • A buyer's direct question gets a truthful answer or a referral to the seller – never a made-up one.
  • Physical consequences – damage, cleanup, meth contamination – go on the condition disclosure.
  • Write down the question and the answer in the deal notes.

Questions buyers and sellers ask

Do you have to disclose a death in a house in New York?

No – a homicide, suicide or other death on the property is not a material defect or fact, and no cause of action arises for not disclosing it (Real Prop. Law §443-a(1)–(2)).

How can a New York buyer find out whether someone died in the house?

By submitting a written inquiry, while negotiating or making a bona fide offer, to the seller's agent or to the seller; the seller chooses whether to respond (§443-a(3)).

Related guides

Log buyer questions and the answers given as deal notes in ClosingCode, so the file shows what was asked and said.

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Source: New York Real Property Law §443-a (nysenate.gov, read October 26, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.