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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Rental applications are essential for landlords when evaluating new tenants for a vacant rental property. These application forms typically include questions about a tenant’s personal, residential, and financial background to help you determine if they meet your screening criteria.
However, it's important to be aware of the laws that govern the evaluation of prospective tenants. These regulations ensure fairness and transparency in the rental process, addressing application fees, requirements, screening reports, and tenant rights.
This article will provide comprehensive information that landlords need to know before creating a New York residential rental application. Additionally, we will offer useful resources and templates to assist you throughout the process.
A New York rental application is a form that landlords use to screen potential tenants for their rental properties. This application collects essential information about the applicant's personal background, financial situation, and rental history. The collected information helps landlords assess whether the applicant is creditworthy and capable of reliably paying rent.
Typically, a New York rental application includes questions regarding the applicant’s personal details, financial information, rental history, references, and intended occupancy. However, landlords must adhere to specific laws governing rental applications in New York.
For example, according to New York State Real Property Law § 238-a, landlords are limited to charging a maximum application fee of $20. Additionally, if an applicant provides their own recent background or credit check, the landlord is required to waive this fee.
When creating a rental application form in New York, landlords should include the following information to meet the requirements to rent an apartment in New York:
Below is an overview of some key New York rental application laws property owners should know while creating rental applications.
In New York, rental application fees are governed by the New York State Real Property Law § 238-a. This law sets a maximum application fee of $20. Additionally, landlords are required to waive this fee if the applicant submits their own recent background check or credit report conducted within the past 30 days.
In New York, security deposit amounts are strictly regulated to protect tenants.
For most residential leases, landlords may charge a security deposit of no more than one month's rent for unfurnished apartments and two months' rent for furnished apartments. This regulation is designed to prevent landlords from placing excessive financial burdens on tenants at the beginning of their leases.
Federal and state fair housing laws prohibit discrimination in housing rentals based on various factors, including race, color, religion, national origin, sex, disability, and familial status.
The Federal Fair Housing Act specifically prohibits discrimination against individuals based on these characteristics. In addition, the New York State Human Rights Law expands these protections to include age, marital status, military status, sexual orientation, gender identity, and lawful source of income.
Moreover, the New York City Human Rights Law further addresses additional factors such as gender, citizenship status, partnership status, and lawful occupation.
Landlords in New York are required to disclose a variety of important information during their application to rent in New York. This ensures transparency and compliance with state laws, protecting both landlords and tenants.
Here’s an overview of some of the disclosures that must be included in a New York residential rental application.
There are several state and federal law that governs credit and background checks in New York. These laws are designed to protect the rights and privacy of tenants during their application to rent New York.
Under the Fair Credit Reporting Act (FCRA), landlords must obtain explicit written consent from applicants before accessing consumer reports, which include credit histories and criminal background checks. Additionally, the act states that landlords have a responsibility to protect any personal information collected during screening.
New York also recently passed a new law called the Fair Chance for Housing Act, which was enacted on December 20, 2023. This legislation changes how landlords handle criminal background checks during tenant screening. Specifically, it prohibits landlords from inquiring about an applicant’s criminal history until a conditional housing offer has been made.
Landlords typically require prospective tenants to provide proof of income as part of the rental application process in New York. This requirement helps landlords assess whether an applicant can reliably afford to pay rent.
Here’s an overview of how to verify income during the rental application process:
It’s important to note that some states have laws against income discrimination, meaning landlords cannot deny a rental application based solely on how an applicant earns their income.
There are mainly two methods landlords collect rental applications in New York, either through paper or online rental application forms.
Paper forms provide an accessible option for applicants who may lack internet access or have limited technical skills. They also offer a familiar format for many landlords, especially those who prefer traditional methods. These forms can be easily downloaded online as rental application templates, allowing landlords to print them for prospective tenants.
On the other hand, landlords can utilize online rental application platforms to streamline the application process in New York. This approach is often more effective than paper forms, ensuring faster turnaround times, better organization, and improved legibility of applications.
A great example of property management software is Landlord Studio, which enables landlords to effortlessly create and distribute online applications while collecting application fees. This all-in-one platform also assists with tenant screening reports, rent collection, and tax reporting—all at an affordable price.
The best practice for managing rental applications is to ensure that your application forms comply with both state and federal laws. It's also important to stay informed about any changes to these regulations, as they can evolve over time.
The good news is that the New York rental application process can be made easier and more efficient with property management tools like Landlord Studio. This software helps streamline the collection of applications and fees while ensuring compliance with relevant laws.
The processing time for a rental application in New York can vary significantly depending on the applicant. Some may submit their applications the same day, while others might take up to a week.
Yes, tenant screening reports are permitted in New York, provided that the applicant has given written consent beforehand. However, it is illegal to use rental applications or screening reports in a manner that discriminates against individuals based on protected characteristics.
Therefore, it is crucial to ensure that your screening criteria comply with New York State Human Rights Law and Fair Housing laws.
Under New York landlord-tenant laws, landlords cannot charge more than $20 for background and credit checks. You can create an account with Avail to request individual reports or bundle them together for rental applications. The fees for these reports will not exceed the local limits, making it easier to comply with local regulations.
