How much can a landlord charge for a rental application fee in New York?
In New York, a landlord may charge an applicant only for a background check and a credit check, and the total may not exceed the actual cost of the checks or $20, whichever is less. The fee must be waived where the applicant provides a background and credit check dated within the past 30 days, and an applicant who pays is entitled to a copy of the results. This is N.Y. Real Prop. Law § 238-a(1).
| What | New York |
|---|---|
| Application fee | Actual cost of the checks or $20, whichever is less |
Notes
The fee must be waived where the applicant provides a background and credit check dated within the past 30 days, and an applicant who pays is entitled to a copy of the results.
Source
N.Y. Real Prop. Law § 238-a(1)
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on September 11, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.
Guides on this rule
- The NYC FARE Act and New York’s Rental Fee Caps, Explained — Since June 11, 2025, a landlord’s broker cannot charge NYC tenants. What the FARE Act requires, plus New York’s $20 screening fee and late-fee caps.
- FCRA Adverse Action Notices: What Landlords Must Tell Applicants — When a screening report leads you to deny an applicant or ask for more, the Fair Credit Reporting Act requires a notice. What it must say, with the statute.
- Reusable Tenant Screening Reports: When Landlords Must Accept Them — Colorado requires landlords to accept a portable screening report; California, Maryland and Washington set disclosure and fee rules; New York waives the fee.
- Tenant Screening: What Landlords Need to Know — How to screen rental applicants fairly and legally: credit and background checks, consistent criteria, the FCRA’s adverse action notice and fair housing.
Compare this rule in every state
More New York rules
- Does a landlord have to pay interest on a security deposit in New York?
- How long does a landlord have to return a security deposit in New York?
- How much can a landlord charge for a security deposit in New York?
- How many days does a tenant get to pay late rent in New York?
- How much notice does a landlord have to give before raising the rent in New York?
- How much notice must a landlord give to end a tenancy in New York?
- How much can a landlord charge for a late rent fee in New York?
- Is there a grace period for paying rent in New York?
- Can a landlord change the locks to force a tenant out in New York?
- How long does a tenant have to respond to an eviction case in New York?
- What are the steps to evict a tenant for unpaid rent in New York?
- Is there rent control in New York?
- Can a landlord refuse a Section 8 voucher in New York?
- Can a landlord retaliate against a tenant for complaining in New York?
- Do contractors charge sales tax in New York?
- Is a capital improvement exempt from sales tax in New York?
- Is appliance repair taxable in New York?
- Is contractor labor taxable in New York?
- Every New York rule on one page