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Application Fee Cap (Background/Credit Check Fee)

New York Real Property Law § 238-a limits certain tenant-facing fees for background and credit checks in residential contexts, including a cap tied to actual cost or a set dollar ceiling (whichever is less), and it includes conditions around when the fee must be waived and what documentation must be provided. These limits are frequently discussed as part of the "rental application" and "screening" workflow.

Where it applies
New York State
When it comes up
Screening
Property types
Residential Leasing

Read more in the Knowledge Base

Related terms

Rental ApplicationTenant ScreeningCredit CheckBackground Check