Law library / Rental application fee law / New York
🧾 NEW YORK · RENTAL APPLICATION FEE LAW

Application fees in New York

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.

The New York statute

VERIFIED PRIMARY SOURCE
§ NY Real Prop. Law § 238-a (HSTPA 2019)

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 →

What application fees law covers

Fee capsSome states cap application fees at the actual out-of-pocket cost of the background/credit check, sometimes with a dollar ceiling.
Refund rightsWhere the landlord never runs the screening, or the unit is rented to someone else before screening, several statutes require a refund.
Receipts and disclosureStatutes often require an itemized receipt and disclosure of the screening criteria before the fee is collected.
Reusable reportsSome states require landlords to accept a recent portable screening report instead of charging a new fee.

What to do, in order

  1. Ask, before paying, what the fee covers and whether a portable screening report is accepted.
  2. Get a receipt — it’s required in several states and useful everywhere.
  3. If you’re charged but never screened, request a refund in writing citing the statute.
  4. Fees far above screening cost, or charged to every applicant for one unit, are the red-flag patterns worth disputing.

Common questions

Can a landlord charge any amount as an application fee?

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?

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?

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.

Don’t guess what your document says.

Upload your lease or notice and get every risky clause quoted back with the statute that governs it — including the one above.

Run the Lease Analyzer — free →
State Renter Rights Guides
This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.