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Rental Application Fee Laws in New York

In New York a landlord may charge only for a background and credit check, capped at the actual cost or $20, whichever is less, and must waive it if the applicant provides a check from the past 30 days.

Last checked . General information, not legal advice.

New York at a glance

Fee limit
Actual cost or $20, whichever is less
Other application fees are banned. A co-op may charge up to actual cost above $20 when the applicant would become an owner or shareholder.
Dollar cap
$20
Refund required
No refund rule
No refund rule, but the fee cannot be collected unless the applicant gets a copy of the check and the receipt or invoice.
Portable screening report rule
Yes, 30-day report waives fee
The landlord must waive the fee if the applicant provides a background or credit check done within the past 30 days.

Sources

Last checked

The rules in New York

How much can a landlord charge for a rental application in New York?

Fee limit in New York: Actual cost or $20, whichever is less. Other application fees are banned. A co-op may charge up to actual cost above $20 when the applicant would become an owner or shareholder.

Is there a fixed dollar cap on rental application fees in New York?

Dollar cap in New York: $20.

Does a landlord in New York have to refund an unused application fee?

No refund rule. Refund required in New York: no refund rule. No refund rule, but the fee cannot be collected unless the applicant gets a copy of the check and the receipt or invoice.

Does New York law address reusable (portable) tenant screening reports?

Yes, 30-day report waives fee. Portable screening report rule in New York: yes, 30-day report waives fee. The landlord must waive the fee if the applicant provides a background or credit check done within the past 30 days.

Where do the New York rental application fee laws come from?

The rules above come from N.Y. Real Prop. Law 238-a. Each source is linked on this page. We last checked them in October 2026.

Good to know

The general ban on application and other up-front fees does not apply to certain continuing care retirement communities, assisted living and adult care providers, and senior residential communities.

The landlord may not collect the fee unless it gives the applicant a copy of the check and the receipt or invoice from the company that ran it.

What this means in practice

Before collecting a fee, landlords can tell applicants in writing how much it is, what it pays for, and the screening criteria that will be used. Several statutes require some of this disclosure, and it also reduces disputes when an application is denied.

Keep a copy of the invoice or receipt from the screening company. Where the law ties the fee to actual cost or requires an itemized receipt, that record shows the fee was lawful.

Check local law as well as state law. In many states a city or county ordinance can set a lower limit or add refund and notice rules, and the stricter rule usually applies. A few states bar local rules on application fees.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.