New York Rental Application

A landlord's tenant application with lawful screening questions, fee disclosure and FCRA consent, adjusted to your state's rules.

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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 ruleFee 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 reportYes
Criminal-history questionsNo 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)
Source of income protectedYes — 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 classescreed, 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 depositAny advance payment other than the first month's rent and a security deposit of up to one month is prohibited (N.Y. Gen. Oblig. Law § 7-108(1-a))

Rules current as of 2026-09-07. 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) (no application/processing fee; background and credit check fee capped at the lesser of $20 or actual cost)).

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). 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.

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Other states

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.