Owner guide
Reviewing Rental Applications in NYC
You choose your tenant, but within rules that are stricter in New York than in most places. Apply the same criteria to everyone.
Fees and deposits
- Application fee: the only fee a landlord may charge an applicant is for a background or credit check, limited to its actual cost and capped at $20, and waived if the applicant provides a check from the past 30 days. The applicant receives a copy of the report and the invoice.
- Security deposit: capped at one month’s rent, returned within 14 days after move-out with an itemized statement of any deductions.
Source of income
New York City and State law prohibit refusing an applicant because of a lawful source of income, including housing vouchers and other assistance, and prohibit ads that say so. Income requirements must be applied in a way that respects these rules.
Criminal history: the Fair Chance Housing law
Since January 1, 2025, New York City’s Fair Chance Housing law limits when and how criminal history can be considered, including in condos and co-ops. Listings and applications cannot state criminal-history restrictions. A landlord first reviews all other criteria and makes a conditional offer; only then can certain records be reviewed, and before withdrawing an offer the landlord must share the record, give the applicant time to respond and carry out an individual assessment. Arrests, pending cases and sealed records cannot be considered.
Housing court records
Turning down applicants because they appeared in housing court is prohibited, and the Attorney General has warned against requesting such records.
A fair, documented process
- Written criteria decided before listing and applied to every applicant
- Complete applications reviewed in the order received
- No questions about protected characteristics
- Decisions and reasons documented
- Building requirements explained to every applicant in the same way
Raphael collects and presents applications within this framework. The decision is yours, and the building’s approval is a separate step.
This guide explains common steps for owners. It is not legal or tax advice; for a decision about your lease, your building documents or your taxes, consult an attorney or tax professional.
Sources
- NY Real Property Law § 238-A (application fees)
- New York State Attorney General — Residential Tenants’ Rights Guide
- NYC Commission on Human Rights — Source of income discrimination
- NYC Commission on Human Rights — Fair Chance Housing
- NYS Department of State — Housing and Anti-Discrimination Disclosure Form (DOS-2156)
Checked 2026-11-09. Rules change: confirm the current version before relying on them.