Know your rights · New York
Stop paying application fees. It's the law.
Under New York Real Property Law §238-a (part of the 2019 Housing Stability & Tenant Protection Act), a landlord cannot charge you anything to process, review or accept a rental application. The only fee allowed at the application stage is for a background check and credit check: the actual cost or $20, whichever is less, and the landlord must give you a copy of the check and the receipt. If you give the landlord a copy of a background check or credit check conducted within the past 30 days, they must waive that fee.
Apply to ten apartments and you could pay up to $200 in screening fees. Bring your own recent check and the law says that fee comes off.
Does a CertRent profile count?
No. The waiver is triggered by a copy of a background check or credit check conducted within the past 30 days. A CertRent renter profile is neither, so it does not by itself entitle you to the waiver. To use the waiver, get a background or credit check yourself and offer the landlord a copy. The law doesn't say which kinds of report count, so ask the landlord to confirm in writing which one they'll accept.
Copy-and-paste: ask for the waiver
Fill in the brackets and send this to the landlord when you apply:
Hi [Name],
I'm very interested in [address / unit]. Under New York Real Property Law §238-a, a landlord may charge only the actual cost of a background or credit check, up to $20, and must waive that fee when the applicant provides a copy of a background check or credit check conducted within the past 30 days. I can provide a copy of my [background check / credit check] dated [date], so I'm asking that the screening fee be waived. Please let me know how you'd like to receive it. Thank you!
Best,
[Your name]
Good to know
- The $20 is the ceiling for the background and credit check combined, not for each. Fees to process, review or accept an application aren't allowed at all.
- Co-ops are an exception: when you'd become a shareholder or owner, a co-op may charge more than $20 (still limited to its actual cost).
- The 30 days run from when your background or credit check was conducted.
- This is general information about your rights, not legal advice. If a landlord charges more than the law allows or refuses a valid waiver, you can complain to the NY Attorney General's office or contact a local housing legal-aid organization.
- For a step-by-step walkthrough, read our apartment application fee waiver guide. Already paid a fee that was over the limit? See how to get an illegal rental fee refunded.
Frequently asked questions
Can a landlord charge an application fee in NYC?
Not for the application itself. Under NY Real Property Law §238-a a landlord can't charge anything to process, review or accept an application. The only allowed fee is for a background check and credit check, capped at the actual cost or $20, whichever is less. The landlord must give you a copy of the check and the receipt.
What is the $20 application fee law in New York?
It's NY Real Property Law §238-a, part of the 2019 rent laws. It applies statewide. It bans application-processing fees and limits background and credit check fees to the lesser of the actual cost or $20. The landlord must waive that fee if you provide a copy of a background or credit check conducted within the past 30 days.
How do I get my apartment application fee waived?
Give the landlord a copy of a background check or credit check conducted within the past 30 days and cite §238-a. A CertRent renter profile isn't a background or credit check, so it doesn't trigger the waiver by itself. Ask the landlord to confirm in writing which report they accept.
What are the rental application fee laws in NYC?
NYC follows NY Real Property Law §238-a. No fee for processing, reviewing or accepting an application. A background and credit check fee of no more than the actual cost or $20, whichever is less, with a copy of the check and the receipt. And a required waiver if you supply a copy of a check conducted within the past 30 days. Co-op purchases are an exception.
What can I do if a landlord charges more than $20 to apply?
Point them to NY Real Property Law §238-a and ask them to correct it in writing. If they refuse, you can file a complaint with the NY Attorney General's office or ask a local legal-aid organization for help. Keep emails, texts and receipts that show what you were charged.
Does the fee cap apply to background and credit checks separately?
No. The limit in §238-a is cumulative: the background check and credit check together can cost you no more than the actual cost or $20, whichever is less. If you provide a copy of a background or credit check conducted within the past 30 days, the landlord must waive that fee.
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