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New York Rental Application Fees: The Actual-Cost and $20 Limit

New York Rental Application Fees: The Actual-Cost and $20 Limit

The Rule

New York Real Property Law §238-a prohibits a residential landlord from demanding an application payment except reimbursement for the cost of a background check and credit check. The cumulative fee may not exceed the actual cost or $20, whichever is less.

The statute speaks in terms of the fee charged to a potential tenant and the landlord's actual screening cost. It does not supply a special household formula.

Multiple-Applicant Workflow

Use counsel's direction for a household with multiple applicants. Document the actual screening cost attributable to each person charged, and never use a per-household or per-person label to evade the limit.

Applicant-Provided Reports

The landlord must waive the fee when the potential tenant provides a background check or credit check conducted within the previous 30 days. The landlord must give the potential tenant a copy of any background or credit check it obtains and the receipt or invoice from the reporting entity.

Compliant Workflow

  1. Disclose that the charge is only reimbursement for the permitted checks.
  2. Accept a qualifying applicant-provided report and charge no screening fee in that circumstance.
  3. Otherwise charge no more than the documented actual cost and never more than $20.
  4. Give the applicant the report copy and the reporting entity's invoice or receipt.
  5. Keep the disclosure, report date, invoice, amount charged, and delivery record.

Do not add processing, administrative, convenience, or similar labels to collect more than the statute permits.

Source

ARTICLE_ID: landlords-115

This is general information, not legal, tax or accounting advice. Every situation is different. Talk to a licensed attorney, accountant or tax professional before you act.

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