2019 New York Laws
RPP - Real Property
Article 12-A - Real Estate Brokers and Real Estate Salesmen
443-A - Disclosure Obligations.

§   443-a.   Disclosure  obligations.  1.  Notwithstanding  any  other
provision of law, it is not  a  material  defect  or  fact  relating  to
property  offered  for  sale  or  lease,  including residential property
regardless of the number of units contained therein, that:
  (a) an owner or occupant of the  property  is,  or  was  at  any  time
suspected to be, infected with human immunodeficiency virus or diagnosed
with  acquired immune deficiency syndrome or any other disease which has
been determined  by  medical  evidence  to  be  highly  unlikely  to  be
transmitted through occupancy of a dwelling place; or
  (b)  the  property  is,  or  is  suspected to have been, the site of a
homicide, suicide or other death by accidental or natural causes, or any
crime punishable as a felony.
  2. (a) No cause of action shall arise against an owner or occupant  of
real property, or the agent of such owner or occupant, or the agent of a
seller  or  buyer  of real property, for failure to disclose in any real
estate transaction a fact or suspicion contained in subdivision  one  of
this section.
  (b)  Failure  to  disclose a fact contained in subdivision one of this
section to a transferee shall not be grounds for a  disciplinary  action
against a real estate agent or broker licensed pursuant to this article.
  (c)  As  used in this section, the terms "agent", "buyer" and "seller"
shall have the same meanings as such terms are defined in  section  four
hundred forty-three of this article.
  3.  Notwithstanding  the  fact that this information is not a material
defect or fact, if such information is important to the decision of  the
buyer to purchase or lease the property, the buyer may, when negotiating
or  making  a  bona  fide  offer,  submit  a  written  inquiry  for such
information. The buyer or the agent  of  the  buyer  shall  provide  the
written  request  to  the seller's agent or to the seller if there is no
seller's agent. The seller may choose whether or not to respond  to  the
inquiry.  The seller's agent, with the consent of the seller and subject
to applicable laws regarding privacy,  shall  report  any  response  and
information  to the buyer's agent or to the buyer if there is no buyer's
agent. If there is no  seller's  agent,  the  seller  shall  inform  the
buyer's agent, or the buyer if there is no buyer's agent, whether or not
the seller chooses to provide a response.
  4.  This  section  shall  preempt  any local law inconsistent with the
provisions of this section.