2019 New York Laws
RPP - Real Property
Article 7 - Landlord and Tenant
238-A - Limitation on Fees.

§  238-a.  Limitation  on  fees. In relation to a residential dwelling
unit:
  1. (a) Except in instances where statutes or regulations provide for a
payment, fee or charge, no landlord, lessor, sub-lessor or  grantor  may
demand  any  payment,  fee,  or  charge  for  the  processing, review or
acceptance of an application, or demand any other payment, fee or charge
before or at the beginning of the tenancy, except background checks  and
credit checks as provided by paragraph (b) of this subdivision, provided
that  this  subdivision  shall  not  apply  to  entrance fees charged by
continuing care retirement  communities  licensed  pursuant  to  article
forty-six  or  forty-six-A  of  the  public  health law, assisted living
providers licensed pursuant to article forty-six-B of the public  health
law,  adult  care  facilities  licensed pursuant to article seven of the
social services law, senior residential communities that have  submitted
an  offering plan to the attorney general, or not-for-profit independent
retirement  communities  that   offer   personal   emergency   response,
housekeeping, transportation and meals to their residents.
  (b) A landlord, lessor, sub-lessor or grantor may charge a fee or fees
to  reimburse  costs  associated  with conducting a background check and
credit check, provided the cumulative fee or fees for such checks is  no
more  than  the  actual cost of the background check and credit check or
twenty dollars, whichever is less, and the landlord, lessor,  sub-lessor
or  grantor shall waive the fee or fees if the potential tenant provides
a copy of a background check or credit check conducted within  the  past
thirty days. The landlord, lessor, sub-lessor or grantor may not collect
the  fee  or  fees  unless  the  landlord, lessor, sub-lessor or grantor
provides the potential tenant with a copy of  the  background  check  or
credit  check  and the receipt or invoice from the entity conducting the
background check or credit check.
  2. No landlord, lessor, sub-lessor or grantor may demand any  payment,
fee,  or  charge for the late payment of rent unless the payment of rent
has not been made within five days of the date  it  was  due,  and  such
payment,  fee,  or charge shall not exceed fifty dollars or five percent
of the monthly rent, whichever is less.
  3. Any provision of a  lease  or  contract  waiving  or  limiting  the
provisions of this section shall be void as against public policy.