New York state has various laws regarding the use of rental applications. If your document is not compliant with NY law, you may get sued by the applicant and face legal consequences.
Application Fee
There is no limit in terms of what application fee can be charged by New York landlords. Furthermore, the application fee is non-refundable regardless of its amount.
Security Deposit
Landlords cannot charge more than 1 months’ rent if they are leasing an unfurnished apartment under NY law (§ 7-103 and § 7-108). This does not apply to units that are subject to City Rent and Rehabilitation Law or the Emergency Housing Rent Control Law.
Housing Discrimination Law
In New York, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Color
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a New York Rental Application form nor to include them in the decision-making process.
Notice of Eligibility
Potential tenants must be informed about the screening criteria and reasons for denial or approval. To prove that these facts were shared, a signature of acknowledgment must be provided within the application or alongside it.
Consent Credit Check
Within New York, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).