Application fees in New York
New York sets its own rules for application fees under NY Real Prop. Law § 238-a (HSTPA 2019). Below is what that statute requires, verified against the primary source, plus the steps to take and where to read the law yourself.
The New York statute
Application fees capped at $20 statewide. Late fees capped at $50 or 5% of monthly rent, whichever is less.
Read the New York source text →How rental application fee law works
Rental application fees are regulated in a growing number of states: caps tied to the actual cost of screening, mandatory receipts, and refund rights when a report is never pulled. Unlimited, non-refundable "processing fees" are increasingly unlawful.
Read the full rental application fee law guide →
What to do in New York, in order
- In New York: ask, before paying, what the fee covers and whether a portable screening report is accepted.
- Get a receipt — it’s required in several states and useful everywhere.
- If you’re charged but never screened, request a refund in writing citing the statute.
- Fees far above screening cost, or charged to every applicant for one unit, are the red-flag patterns worth disputing.
Common questions about application fees in New York
Can a landlord charge any amount as an application fee in New York?
Not in states that cap the fee at actual screening cost or a statutory ceiling. Elsewhere, market forces are the only limit — but fees wildly above screening cost for units that stay listed can signal a fee-harvesting scheme.
Am I owed a refund if I don’t get the apartment in New York?
Not usually just for being rejected — but if the screening was never actually run, or a statute grants refund rights, yes. Ask for the screening receipt.
What’s a portable screening report in New York?
A recent background/credit report you buy once and reuse across applications. Some states require landlords to accept them in place of charging a new fee.
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