A New York rental application is a form that prospective renters use to apply for a rental property and typically asks for an applicant’s personal information, rental history, financial statements, and references from employers or former landlords. While there are general compliance requirements for any rental application, landlords must also consider specific New York rental application laws.
In the state of New York, landlords must adhere to specific laws when screening potential tenants and processing rental applications. These laws help protect the rights of both landlords and tenants, ensuring that the rental process is conducted fairly and transparently. Informational only; not legal advice.
- Fair Housing Laws: The Federal Fair Housing Act prohibits landlords from discriminating against tenants based on certain characteristics such as race, creed, color, national origin, citizen or immigration status, sexual orientation, gender identity or expression, military status, status as a victim of domestic violence, religion, sex, familial status, lawful source of income, and disability. New York State Human Rights law provides additional protections to tenants and specifically bars discrimination based on age, arrest record, citizenship or immigration status, creed, color, disability, domestic violence victim status, gender identity or expression, family status, lawful source of income, marital status, military Status, national origin, race, sex and sexual orientation.
- Income discrimination: Landlords are prohibited from discriminating against tenants based on their source of income. This means that landlords cannot refuse to rent to someone because they receive government assistance, such as Section 8 vouchers.
- Background check fees: Per the Consolidated Laws of NY § 238-a the amount a landlord may charge for a background check or credit check is limited to the lesser of the actual cost of the check or twenty dollars.
- Rental application requirements: Landlords must provide a written rental application to potential tenants that includes specific information such as the rent amount, security deposit, lease term, and any fees associated with the rental. Consolidated Laws of NY § 238-a.
- Tenant screening: Landlords are permitted to screen tenants, but they must do so in a non-discriminatory manner. Landlords can ask for information such as employment history, income, and credit history, but they cannot use this information to discriminate against tenants. New York State Human Rights Law, Section 296(16).
- Eviction: Landlords are barred from refusing to rent to applicants based on past or current eviction proceedings.
- Denial of rental applications: If a landlord denies a rental application, they must provide a written explanation for the denial, including the specific reasons why the tenant was not approved.
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