Rental application & screening fee law in New York
Fixed dollar cap
New York allows fees only for background and credit checks, capped at the actual cost or a low statutory amount — whichever is less — and the fee must be waived if the applicant brings a recent report.
What the law says
New York Real Property Law § 238-a bars application and processing fees for residential rentals, with one exception: a landlord may charge for a background or credit check, capped at the actual cost of the check or a low statutory dollar amount, whichever is less.
The fee must be waived entirely if the applicant provides a copy of a background or credit check conducted within the past thirty days. The landlord must give the applicant a copy of the report and a receipt. The statute contains carve-outs for certain co-ops and continuing-care communities.
Beyond the fee limit
The price rule is only part of the law. New York also imposes these obligations:
- The fee is waived if the applicant provides a recent (30-day) report.
- The applicant must receive a copy of the report and a receipt.
- Co-op and continuing-care carve-outs apply.
Read the law
Local rules in New York
These New York cities add their own screening-fee rules on top of state law:
- New York City — New York City operates under the statewide application-fee cap in Real Property Law § 238-a, plus local fair-housing overlays.
What's the actual limit in New York?
Fee limits change with inflation adjustments, local ordinances, and new legislation. Use our free calculator to look up the current limit for your rental's ZIP code.
Calculate your fee limitsThis page is provided for general information only and is not legal advice. Fee rules change — caps re-index to inflation, new legislation takes effect, and cities adopt their own ordinances — so always confirm against the official statutory text linked above before relying on it. The federal Fair Housing Act applies everywhere, regardless of state or local fee rules.