In New York, the riskiest moment in leasing is often the first reply to an inquiry. A single “we don’t take programs” in a text message can be a violation on its own. Here is what state law, and New York City law where it applies, let you ask at each stage.
What can you ask a prospect on the first call or message?
Ask about the unit, the timing and your criteria. The same questions, asked the same way of everyone, are the safest script.
Questions that are fine on first contact:
- When do you want to move in, and for how long?
- How many people will live in the unit? Reasonable occupancy limits are allowed (42 U.S.C. 3607).
- Do you have pets? An assistance animal for a person with a disability is not a pet, and refusing a reasonable accommodation is unlawful (24 CFR 100.204).
- What is your monthly income, and would you like to see our screening criteria?
Asking about income is allowed. The Division of Human Rights says housing providers may ask about income, including its source, and require documentation, but must accept all lawful sources of income equally (DHR guidance). A statement or reply to an inquiry that vouchers or subsidies are not accepted is, per the same guidance, a violation in itself.
What should you never ask?
New York’s Human Rights Law bars refusing to rent because of race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income or familial status (Exec. Law 296(5)). It also bars an application form or any record or inquiry that expresses a limitation based on those traits. These sit on top of the federal classes (42 U.S.C. 3604).
New York City adds more, including lawful occupation, partnership status, and status as a victim of domestic violence, stalking and sex offenses (Fair Housing NYC). Since November 26, 2023 it also covers height and weight, with no exception for housing providers (NYC Commission on Human Rights).
Questions to keep off every call, text and form:
- “Are you a citizen?” or “What is your immigration status?”
- “Are you married?” or “Is the other adult your partner?”
- “Do you have kids?” or “Are you pregnant?”
- “Do you have a disability?” Federal rules ban asking whether an applicant has a disability or how severe it is, though you may ask all applicants whether they can meet the tenancy’s requirements (24 CFR 100.202(c)).
- “Is this a Section 8 voucher? We don’t take those.”
- “Have you ever been to housing court?” See the next section for why.
- In New York City, anything about criminal history before a written conditional offer.
What can the rental application ask for?
The application can collect identity details, rental history, references, employment and income documentation, and consent to a background or credit check. Apply one standard to everyone.
Income tests need care when a voucher pays part of the rent. The Division of Human Rights says an income formula tied to the rent would be unreasonable for a tenant who has 70% to 100% of the rent paid by the vouchering agency, because that agency has already assessed the tenant’s ability to pay their portion (DHR guidance). Where the agency pays 100% of the rent, it says weighing negative credit history would be unreasonable.
Do not use the application to screen for housing court history. A landlord may not refuse to rent because an applicant was involved in a past or pending landlord-tenant action. If you requested tenant screening bureau data or court records and then refused, the law presumes a violation (RPL 227-f).
Can you run credit and background checks, and when?
Yes, with the applicant’s authorization, and the applicant pays at most the capped fee described below. You must give the applicant a copy of the background or credit check and the receipt or invoice (RPL 238-a).
If a consumer report contributes to a denial, a co-signer requirement, a larger deposit or higher rent, federal law requires an adverse action notice. It names the reporting company, states that the company did not make the decision, and explains the right to a free report within 60 days and to dispute; if you used a credit score, include the score and its key factors (FTC).
In New York City, the Fair Chance Housing Law has applied since January 1, 2025 (NYC Commission on Human Rights):
- You may review criminal history only after you make a written conditional offer and give the applicant the Commission’s Fair Chance Housing Notice.
- Reviewable history is limited to felony convictions within 5 years and misdemeanor convictions within 3 years, counted from release or from sentencing if there was no jail time, plus convictions requiring sex offense registration.
- Arrests, pending cases, adjournments in contemplation of dismissal, youthful offender and juvenile adjudications, and sealed or expunged convictions are never reviewable.
- After the check, give the applicant a copy of what you reviewed and 5 business days to respond, then do an individualized assessment. If you revoke the offer, explain in writing.
- Housing with two or fewer rooms or units where the provider or their family lives in one is exempt.
Are application or screening fees capped?
Yes, and tightly. A landlord may not charge any payment, fee or charge for processing, reviewing or accepting an application (RPL 238-a). The only exception is reimbursement for a background or credit check, limited to the actual cost or $20, whichever is less.
You must waive that fee if the applicant provides a copy of a background or credit check conducted within the past 30 days.
What about security deposits?
No deposit or advance may exceed one month’s rent (GOL 7-108(1-a)). The statute carves out seasonal use units and owner-occupied cooperative apartments, and the subdivision does not cover rent-controlled units or certain senior and care facilities.
Within fourteen days after the tenant moves out, the landlord must provide an itemized statement of any amount kept and return the rest.
At a glance
| Rule | New York |
|---|---|
| Application fee cap | No application fee; background or credit check fee is actual cost or $20, whichever is less; waived with a check from the past 30 days |
| Security deposit cap | One month’s rent (deposit or advance) |
| Source-of-income protection | Yes, statewide, including vouchers; income tests must not frustrate voucher use |
| Criminal history | NYC: only after a written conditional offer and notice; felonies 5 years, misdemeanors 3 years, registry offenses |
| Housing court history | Cannot refuse to rent because of a past or pending landlord-tenant case |
| Key statutes | Exec. Law 296; RPL 227-f and 238-a; GOL 7-108; NYC Fair Chance Housing Law |