law
Stigmatized Property (RPL §443-a)
New York declares by statute that certain psychological facts are not material defects, for sales or leases of any size: that an owner or occupant has or was suspected of having HIV/AIDS or another disease highly unlikely to spread through occupancy, or that the property was the site of a homicide, suicide or other death, or of a felony. Failing to disclose them creates no cause of action and is not grounds for DOS discipline. A buyer may submit a written inquiry, and the seller decides whether to answer.
- Exam tip
- The correct procedure is a written inquiry, and the seller may choose not to answer; physical conditions such as flooding must still be disclosed truthfully.
- Example
- A buyer hears the prior owner died in the house; her agent submits a written inquiry through the listing agent, and the seller declines to answer.
Related terms & state variants
Sources
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Last verified: 2026-10-23