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Late Fee Cap

New York Real Property Law § 238-a limits residential late fees by requiring a minimum grace period (rent must be more than five days late before a late fee may be charged) and by capping the fee at the lesser of a fixed dollar amount or a percentage of monthly rent. This cap applies regardless of whether the tenancy is market-rate or regulated, subject to statutory scope and exceptions.

Where it applies
New York State
When it comes up
Lease Execution / Lease Administration
Property types
Residential Leasing

Related terms

Rent Due DateGrace PeriodAdditional FeesDefault