Know your rights · New York
Stop paying application fees. It's the law.
Under New York's Housing Stability & Tenant Protection Act (Real Property Law §238-a), a landlord or agent cannot charge more than $20 for a rental application — and they must waive that fee entirely if you provide your own background check and credit check conducted within the last 30 days.
Apply to ten apartments the old way and that's up to $200 in fees, plus a hard credit pull each time. Bring your own recent report, and the law says the fee comes off.
How a CertRent profile fits in
A CertRent profile packages your recent, verified information — identity, bank-confirmed rent history, income, and checked references — in one place you can share for free. Bringing a current, self-provided report is exactly what §238-a is designed around, so a CertRent profile may qualify you to have the application fee waived. Because rules and what each landlord accepts can vary, ask the landlord to confirm, and keep it recent (within 30 days).
Copy-and-paste: ask for the waiver
Send this to a landlord or broker when you apply:
Hi [Name],
I'm very interested in [address / unit]. Under New York Real Property Law §238-a, application fees are capped at $20 and must be waived when an applicant provides their own recent background and credit information. I can share a verified renter profile (identity, bank-confirmed rent history, income, and landlord references) dated within the last 30 days, so no application fee should be needed. Happy to send the link right away — please let me know. Thank you!
Best,
[Your name]
Good to know
- The $20 cap and waiver apply to most residential rentals in New York State.
- "Recent" means your report should be from within the last 30 days — a CertRent profile is easy to refresh.
- This is general information about your rights, not legal advice. If a landlord charges more than $20 or refuses a valid waiver, you can contact the NY Attorney General's office or a local housing legal-aid organization.
Frequently asked questions
Can a landlord charge an application fee in NYC?
Yes, but it's limited. Under NY Real Property Law §238-a, a landlord or broker in New York can charge no more than $20 total for a rental application, including any background or credit check. They must also give you a copy of the report or a receipt, or waive the fee if you provide your own recent screening.
What is the $20 application fee law in New York?
NY Real Property Law §238-a, part of the 2019 rent laws, caps application fees at $20 statewide. This covers the background and credit check combined. If a landlord already ran the check, or you hand them a recent report you paid for, they must waive the fee entirely. Charging more than $20 is illegal.
How do I get my apartment application fee waived?
Politely cite the law and offer your own recent report. Say: "Under NY Real Property Law §238-a, application fees are capped at $20, and if I provide a recent background and credit check the fee must be waived. I have one from the last 30 days I'm happy to share." CertRent gives you a free verified profile you can offer instead.
What are the rental application fee laws in NYC?
NYC follows NY Real Property Law §238-a: a $20 cap on total application fees, and a required waiver if you supply your own recent background and credit check. Fees for keys, move-in, or "processing" beyond that $20 are not allowed. Brokers are covered by this cap too, not just landlords.
What can I do if a landlord charges more than $20 to apply?
First, 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, which enforces this rule. Keep any emails, texts, or receipts showing the amount charged as evidence.
Does the fee cap apply to background and credit checks separately?
No. The $20 under §238-a is the total ceiling for the whole application, including both the background check and the credit check combined, not $20 each. A landlord can't stack separate charges. If you provide your own recent report, they must waive even that $20.
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