A New York Rental Application should gather information about a prospective tenant’s prior rental history, finances, employment, and any prior evictions so a landlord can make an informed decision before offering a lease agreement.
At the same time, landlords must understand local New York landlord-tenant laws to ensure they do not violate anybody’s rights.
Use our New York rental application template to collect the information you need.
- New York Rental Law for Tenants
- New York Rental Law for Landlords and Property Owners
- Authorization for Background Check
- How To Conduct an Eviction Record Search
- New York Housing Statistics and Specifics
- Other Resources for Landlords
- How To Write a Rental Application
- Sample New York Rental Application Form
New York Rental Law for Tenants
New York state law has several protections for individuals and families renting in the state of New York. Some of the most essential points to keep in mind include the following:
- Rental Application Fee: In New York, landlords are not allowed to charge more than $20 or the actual cost of conducting background and credit checks, whichever is less. Furthermore, landlords can only charge this fee if the applicant receives copies of all the reports created.
- Security Deposit: If a prospective resident has his or her application approved, a landlord can charge a security deposit, but it cannot be greater than one month’s rent for most non-rent stabilized rental units. The landlord must hold the security deposit in a New York bank and tell the resident where the security deposit is held.
- Interest-Bearing Account: If a landlord receives more than six security deposits from his or her renters, he or she must place this money in an account that accrues interest for the renter.
New York Rental Law for Landlords and Property Owners
Landlords must follow the Federal Fair Housing Act and the New York Human Rights Law in New York.
These laws make it illegal for a landlord to ask questions based on the following:
- The race, national origin, or color of the applicant
- The religion of the applicant
- The sexual orientation or gender identity of the applicant
- Whether the applicant has a disability
- Whether the applicant has children
In addition, New York landlords cannot ask questions about the following:
- Whether the applicant is married
- Whether the applicant requires public housing or rental assistance
- The age of the applicant
- Whether the applicant is in the military
There are some exceptions to these areas. For example, if the rental unit is in an age-specific community, such as a senior living community, the landlord can ask for the applicant’s age.
Authorization for Background Check
Conducting criminal and background checks on tenants and looking into their eviction history helps protect landlords from potential problems.
You don’t want to offer a lease agreement to someone with a poor credit history or prior criminal activity. This could put you at risk for unpaid rent payments or troubles that affect other tenants.
Property owners need an applicant’s permission to run several background checks typical of the tenant screening process.
You can either include a consent statement on your lease application or use our background check authorization form to obtain the applicant’s consent.
How To Conduct an Eviction Record Search
The New York State Unified Court System website is great for an eviction record search on a prospective tenant.
- Navigate to the website.
- Choose WebCivil Local to get to the court’s civil resources.
- Search for your party by name (you can also search with other parameters).
If you decide not to offer an applicant a rental agreement because of an eviction or another valid reason, send a rental application rejection letter explaining the reason or reasons why.
New York Housing Statistics and Specifics
Housing discrimination is a significant issue in New York. According to a local news source, one housing discrimination lawsuit targeted more than 124 companies.
It is incumbent on landlords and property owners to make sure they collect the necessary information from applicants without violating federal, state, and local laws.
Other Resources for Landlords
How To Write a Rental Application
If you are writing a New York rental application, some of the information you should collect include:
- The prior address history of each applicant
- Employment and financial information about each applicant
- References from the applicant, preferably from previous landlords
- Permission to conduct a background check and credit check on the applicant
- Whether the applicant has pets or smokes if you believe this is pertinent to your property
Sample New York Rental Application Form
Use our sample New York rental application form to ensure you collect the necessary information.