New York Rental Application (2026)
A landlord's tenant application with lawful screening questions, fee disclosure and FCRA consent, adjusted to your state's rules.
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What this document covers
- Property, rent and desired move-in date
- Application fee within the state cap and receipt
- Pre-screening notice where the state requires it
- Applicant identity and co-applicants
- Residence history for 3 years
- Employment and income, including lawful sources
- Eviction and bankruptcy questions where allowed
- Fair-chance criminal-history rules
- Tenant selection criteria and equal-housing statement
- FCRA consent and adverse-action notice
New York rules that this document follows
| Application fee limit | $20.00 maximumSource: N.Y. Real Prop. Law § 238-a(1) (no application/processing fee; background and credit check fee capped at the lesser of $20 or actual cost) |
|---|---|
| Refund rule | Fee must be waived if the applicant provides a background/credit check dated within 30 days; landlord must give the applicant a copy of the report and the receipt/invoice or may not collect the feeSource: N.Y. Real Prop. Law § 238-a(1) (no application/processing fee; background and credit check fee capped at the lesser of $20 or actual cost) |
| Must give applicant a copy of screening report | Yes |
| Criminal-history questions | Prohibited before a conditional offer in: New York City (Fair Chance for Housing Act, N.Y.C. Admin. Code § 8-107(5)(o)). No statewide limit. NYC Fair Chance for Housing Act (Local Law 24 of 2024, eff. 1/1/2025): no criminal inquiry before a conditional offer; after offer, may consider only misdemeanors within 3 years and felonies within 5 years of release, with individualized assessment and 5-day response period.Source: N.Y.C. Admin. Code § 8-107(5)(a)(3), (5)(o) |
| Eviction-history question | Prohibited — a landlord may not deny an application because of a prior or pending landlord-tenant action; asking creates a presumption of violationSource: N.Y. Real Prop. Law § 227-f |
| Source of income protected | Yes — vouchers and other lawful income must be consideredSource: N.Y. Exec. Law § 296(5)(a); § 292(36) (lawful source of income incl. Section 8, eff. 4/12/2019) |
| Additional protected classes | creed, age, marital status, sexual orientation, gender identity or expression, military status, lawful source of income, status as a victim of domestic violence, arrest/conviction record (NYC), citizenship or immigration status (NYC) |
| Holding deposit | Not permittedSource: N.Y. Gen. Oblig. Law § 7-108(1-a)(a) |
| Reusable screening reports | Must be accepted; no fee may be charged when one is providedSource: N.Y. Real Prop. Law § 238-a(1)(b) |
Rules current as of 2026-10-27. Statutes change; verify before relying on them.
How to use this Rental Application in New York
Use one application per adult. Collect the Social Security number only on the signed paper copy, never by email. Apply the same written criteria to every applicant and keep denied applications for at least two years in case of a fair-housing inquiry.
Charge only a fee that New York permits, give a receipt, and if you deny based on a consumer report send the FCRA adverse-action notice within a few days.
Frequently asked questions
Can a landlord charge an application fee in New York?
Yes, up to $20.00 (N.Y. Real Prop. Law § 238-a(1)).
What questions are illegal on a rental application?
You may not ask about race, religion, national origin, sex, familial status or disability, nor about arrests without conviction. New York adds: creed, age, marital status, sexual orientation, gender identity or expression, military status, lawful source of income, status as a victim of domestic violence, arrest/conviction record (NYC), citizenship or immigration status (NYC). Criminal-history questions are barred before a conditional offer in New York City (Fair Chance for Housing Act, N.Y.C. Admin. Code § 8-107(5)(o)). Eviction-history questions are barred (RPL § 227-f). This form omits those questions automatically.
Do I have to give the applicant a copy of the screening report?
Yes — New York requires it on request or with a denial, in addition to the federal FCRA adverse-action notice.
Other names
- tenant application form
- apartment application
- lease application
- rental application form
- tenant screening form
- renter application
- housing application
Related documents
- Residential Lease Agreement — New York
- Room Rental Agreement — New York
- Residential Sublease Agreement — New York
- Commercial Lease Agreement — New York
- All New York forms →
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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.
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