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 a $20 limit on application fees in New York. Under the Housing Stability and Tenant Protection Act, landlords can only charge for the actual cost of a background and credit check, capped at $20. Furthermore, this fee must be waived if the applicant provides a recent copy of a background or credit check conducted within the last 30 days.
Security Deposit
Landlords cannot charge more than 1 months’ rent for a security deposit under NY law (§ 7-103 and § 7-108). This cap applies to all residential units, including rent-stabilized apartments.
Housing Discrimination Law
In New York, housing discrimination is strictly prohibited by both federal and state laws. The New York State Human Rights Law provides even broader protections than the federal Fair Housing Act (FHA). It is illegal to discriminate based on the following characteristics:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status
- Disability
- Marital status
- Military status
- Age
- Lawful source of income (including Section 8 vouchers)
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).