DOS-1735-f (Rev. 11/15) Page 1 of 2
New York State
Department of State
Division of Licensing Services
P.O. Box 22001
Albany, NY 12201-2001
Customer Service: (518) 474-4429
www.dos.ny.gov
New York State Disclosure Form for Landlord and Tenant
THIS IS NOT A CONTRACT
New York State law requires real estate licensees who are
acting as agents of landlords and tenants of real property to
advise the potential landlords and tenants with whom they
work of the nature of their agency relationship and the rights
and obligations it creates. This disclosure will help you to
make informed choices about your relationship with the real
estate broker and its sales agents.
Throughout the transaction you may receive more than
one disclosure form. The law may require each agent
assisting in the transaction to present you with this
disclosure form. A real estate agent is a person qualified to
advise about real estate.
If you need legal, tax or other advice, consult with a
professional in that field.
Disclosure Regarding Real Estate
Agency Relationships
Landlord’s Agent
A landlord’s agent is an agent who is engaged by a landlord
to represent the landlord’s interest. The landlord’s agent
does this by securing a tenant for the landlord’s apartment or
house at a rent and on terms acceptable to the landlord. A
landlord’s agent has, without limitation, the following
fiduciary duties to the landlord: reasonable care, undivided
loyalty, confidentiality, full disclosure, obedience and duty to
account. A landlord’s agent does not represent the interests
of the tenant. The obligations of a landlord’s agent are also
subject to any specific provisions set forth in an agreement
between the agent and the landlord. In dealings with the
tenant, a landlord’s agent should (a) exercise reasonable
skill and care in performance of the agent’s duties; (b) deal
honestly, fairly and in good faith; and (c) disclose all facts
known to the agent materially affecting the value or
desirability of property, except as otherwise provided by law.
Tenant’s Agent
A tenant’s agent is an agent who is engaged by a tenant to
represent the tenant’s interest. The tenant’s agent does this
by negotiating the rental or lease of an apartment or house
at a rent and on terms acceptable to the tenant. A tenant’s
agent has, without limitation, the following fiduciary duties to
the tenant: reasonable care, undivided loyalty,
confidentiality, full disclosure, obedience and duty to
account. A tenant’s agent does not represent the interest of
the landlord. The obligations of a tenant’s agent are also
subject to any specific provisions set forth in an agreement
between the agent and the tenant. In dealings with the
landlord, a tenant’s agent should (a) exercise reasonable
skill and care in performance of the agent’s duties; (b) deal
honestly, fairly and in good faith; and (c) disclose all facts
known to the agent materially affecting the tenant’s ability
and/or willingness to perform a contract to rent or lease
landlord’s property that are not consistent with the agent’s
fiduciary duties to the tenant.
Broker’s Agents
A broker’s agent is an agent that cooperates or is engaged
by a listing agent or a tenant’s agent (but does not work for
the same firm as the listing agent or tenant’s agent) to assist
the listing agent or tenant’s agent in locating a property to
rent or lease for the listing agent’s landlord or the tenant
agent’s tenant. The broker’s agent does not have a direct
relationship with the tenant or landlord and the tenant or
landlord cannot provide instructions or direction directly to
the broker’s agent. The tenant and the landlord therefore do
not have vicarious liability for the acts of the broker’s agent.
The listing agent or tenant’s agent do provide direction and
instruction to the broker’s agent and therefore the listing
agent or tenant’s agent will have liability for the acts of the
broker’s agent.
Dual Agent
A real estate broker may represent both the tenant and the
landlord if both the tenant and landlord give their informed
consent in writing. In such a dual agency situation, the agent
will not be able to provide the full range of fiduciary duties to
the landlord and the tenant. The obligations of an agent are
also subject to any specific provisions set forth in an
agreement between the agent, and the tenant and landlord.
An agent acting as a dual agent must explain carefully to
both the landlord and tenant that the agent is acting for the
other party as well. The agent should also explain the
possible effects of dual representation, including that by
consenting to the dual agency relationship the landlord and
tenant are giving up their right to undivided loyalty. A
landlord and tenant should carefully consider the possible
consequences of a dual agency relationship before agreeing
to such representation. A landlord or tenant may provide
advance informed consent to dual agency by indicating the
same on this form.
Dual Agent with Designated Sales Agents
If the tenant and the landlord provide their informed consent
in writing, the principals and the real estate broker who
represents both parties as a dual agent may designate a
sales agent to represent the tenant and another sales agent
to represent the landlord. A sales agent works under the
supervision of the real estate broker. With the informed
consent in writing of the tenant and the landlord, the
designated sales agent for the tenant will function as the
