A New York rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.
New York Rental Application Laws
New York limits application fees to the cost of completing the background check or $20, whichever is less. However, there is an exception for co-ops and condo buildings, and the prospective tenant may pay more than $20. Additionally, the fee may only be collected if the applicant is given copies of the background and credit check paperwork and a receipt or invoice from the company that performed the background check. If the applicant has had a screening report dated within 30 days, this must be accepted in place of collecting a new fee.
Quick Guide To Process a New York Rental Application
After receiving a New York rental application, most landlords use the following process to evaluate the potential tenant:
- Verify Credit – Order a credit report for the potential tenant; a score of 600-650 is a common minimum requirement. A credit report can be as simple as a “pass/fail” result or can have comprehensive details, including criminal history. (NOTE: a credit report requires the tenant’s written and signed consent, on the application or separately)
- Verify Income – Check the potential tenant’s employment status and pay scale. This can be done through recent pay stubs and/or contacting the potential tenant’s employer.
- Check Rental History – Contact previous landlord(s) to confirm a potential tenant has in the past been a good renter and neighbor.
- Check Eviction History – Verify the potential tenant has honestly disclosed the details of any past evictions. An eviction check usually covers a longer period (previous 7 years) than a rental history check (previous 3 years).
- Check Criminal History – Confirm the potential tenant’s reporting of any criminal history, especially including a check of criminal databases like sex offender registries.
- Provide a Response – Approve the application if it’s a good fit, or, if rejecting the application, draft an appropriate adverse action notice to limit liability.
Checking Eviction History in New York
New York eviction cases are matters of public record which anyone can access. While third-party services often automatically check eviction history as part of a screening report, this also can be checked manually, with the following process:
- Visit the New York State Unified Court System’s eCourts WebCivil Search
- Select “Party Search” and complete the CAPTCHA to continue to case search
- Enter the applicant’s name and other relevant information you may have, and applicable cases will pop up
- Select the case number to be taken to case details (not all cases have comprehensive information reported)
Restrictions on New York Rental Application Questions
The sample rental application provided on this page complies with federal law restricting the information a landlord can request. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:
- Race
- Color
- National origin (nationality)
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (i.e., having or not having children)
- Disability (whether physical or mental)
New York also protects some additional categories at the statewide level, such as age, marital status, military status, and public/rental assistance status. There are narrow exemptions for things like senior housing or certain very-small scale landlords, but local regulations may still apply. Always consult an attorney before attempting to ignore state or federal requirements.
New York Tenant Blacklist Protection
New York tenants cannot have a rental application refused for being on the “blacklist” of tenants involved in disputes in the New York City Housing Court. Landlords who blacklist a tenant can face fines of up to $1,000. Using the blacklist as a reason to deny a tenant is a violation, regardless of whether the landlord explicitly asks about it on the rental application.
Rejecting an Application: Adverse Action Notice
When taking an action which may disadvantage a potential tenant, a landlord may have to provide an adverse action notice informing the tenant about the decision (sometimes called a “conditional approval,” if the application is approved subject to meeting additional conditions). Federal regulations require an adverse action notice whenever a landlord collects a credit report and takes one of the following actions:
- Rejecting the potential tenant’s application
- Adding a requirement for someone to co-sign the potential tenant’s lease
- Demanding a larger security deposit than before, as a condition for renting
- Asking for higher rent after receiving the report
Important Features of an Adverse Action Notice
An adverse action notice must contain the following details:
- Note that the landlord took adverse action based on information in a consumer credit report
- Details of the consumer reporting agency
- Note that the landlord decided the adverse action, not the agency
- Declaration of the applicant’s right to a copy of the consumer credit report
- Declaration of the application’s right to dispute the report within 60 calendar days
While not legally required, it also is expedient for a landlord to explain the reasons for the adverse action, since this establishes a written record of issues with the application.
For an example, see this tenant rejection letter template.
Fees in New York
New York has the following regulations on fees relating to a new rental:
- Rental Application Limit: $20 or cost of screening, whichever is less (some exceptions for co-ops and condos)
- Security Deposit Limit: One month’s rent (some exceptions for rent-controlled units)
- Pet Fee Limit: No cap
Local jurisdictions may impose stricter regulations than the statewide standard. Always check local laws.
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- 1 N.Y. Real Prop. § 238-a
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1. (a) Except in instances where statutes or regulations provide for a
payment, fee or charge, no landlord, lessor, sub-lessor or grantor may
demand any payment, fee, or charge for the processing, review or
acceptance of an application, or demand any other payment, fee or charge
before or at the beginning of the tenancy, except background checks and
credit checks as provided by paragraph (b) of this subdivision, provided
that this subdivision shall not apply to entrance fees charged by
continuing care retirement communities licensed pursuant to article
forty-six or forty-six-A of the public health law, assisted living
providers licensed pursuant to article forty-six-B of the public health
law, adult care facilities licensed pursuant to article seven of the
social services law, senior residential communities that have submitted
an offering plan to the attorney general, or not-for-profit independent
retirement communities that offer personal emergency response,
housekeeping, transportation and meals to their residents. Nothing in
this paragraph shall prohibit a cooperative housing corporation, other
than a cooperative housing corporation subject to the provisions of
article two, article four, article five or article eleven of the private
housing finance law, from demanding from a prospective tenant any
payment, fee or charge which is necessary to compensate a managing agent
and/or transfer agent for the processing, review or acceptance of such
prospective tenant’s application where such prospective tenant would
become a dwelling unit owner or shareholder of such cooperative housing
corporation.(b) A landlord, lessor, sub-lessor or grantor may charge a fee or fees
to reimburse costs associated with conducting a background check and
credit check, provided the cumulative fee or fees for such checks is no
more than the actual cost of the background check and credit check or
twenty dollars, whichever is less, and the landlord, lessor, sub-lessor
or grantor shall waive the fee or fees if the potential tenant provides
a copy of a background check or credit check conducted within the past
thirty days. The landlord, lessor, sub-lessor or grantor may not collect
the fee or fees unless the landlord, lessor, sub-lessor or grantor
provides the potential tenant with a copy of the background check or
credit check and the receipt or invoice from the entity conducting the
background check or credit check. Notwithstanding the provisions of this
paragraph, a cooperative housing corporation shall be permitted to
charge a fee or fees to reimburse costs associated with conducting a
background check and credit check in excess of twenty dollars, where the
potential tenant would become a dwelling unit owner or shareholder of
such cooperative housing corporation, provided the cumulative fee or
fees for such checks is no more than the actual cost of such background
check and/or credit check. Further, with regard to a cooperative housing
corporation subject to the provisions of article two, article four,
article five or article eleven of the private housing finance law, all
such fees must be reasonable and approved by the agency supervising such
cooperative housing corporation.2. No landlord, lessor, sub-lessor or grantor may demand any payment,
fee, or charge for the late payment of rent unless the payment of rent
has not been made within five days of the date it was due, and such
payment, fee, or charge shall not exceed fifty dollars or five percent
of the monthly rent, whichever is less; provided a cooperative housing
corporation, other than a cooperative housing corporation subject to the
provisions of article two, article four, article five or article eleven
of the private housing finance law, shall be permitted to charge a
tenant that is a dwelling unit owner or shareholder of such cooperative
housing corporation a fee of up to eight percent of the monthly
maintenance fee for the late payment of the monthly maintenance fee if
the proprietary lease or occupancy agreement provides for such fee.3. Any provision of a lease or contract waiving or limiting the
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provisions of this section shall be void as against public policy. - 2 N.Y. Real Prop. § 227-f
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1. No landlord of a residential premises shall refuse to
rent or offer a lease to a potential tenant on the basis that the
potential tenant was involved in a past or pending landlord-tenant
action or summary proceeding under article seven of the real property
actions and proceedings law. There shall be a rebuttable presumption
that a person is in violation of this section if it is established that
the person requested information from a tenant screening bureau relating
to a potential tenant or otherwise inspected court records relating to a
potential tenant and the person subsequently refuses to rent or offer a
lease to the potential tenant.2. Whenever the attorney general shall believe from evidence
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satisfactory to him or her that any person, firm, corporation or
association or agent or employee thereof has violated subdivision one of
this section, he or she may bring an action or special proceeding in the
supreme court for a judgment enjoining the continuance of such violation
and for a civil penalty of not less than five hundred dollars, but not
more than one thousand dollars for each violation.
