You may ask every prospect about move-in date, occupants, pets and income, including its source, but not about protected traits such as citizenship, marital status, children or disability. Saying vouchers are not accepted is a violation. Outside co-ops, application fees are banned except a background or credit check fee of $20 or actual cost, whichever is less. Source of income protection has applied statewide since April 12, 2019, when it was signed into law (DHR guidance).

In New York, the riskiest moment in leasing is often the first reply to an inquiry. Here is what state law, federal law and, where it applies, New York City law let you ask at each stage.

What can you ask a prospect on the first call or text in New York?

Ask about the unit, the timing and your criteria, and ask every prospect the same questions. State law bars any inquiry in connection with a rental that expresses, directly or indirectly, a limitation based on a protected trait (Exec. Law 296(5)(a)(3)).

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 local, state or federal limits on the number of occupants are allowed under federal law (42 U.S.C. 3607(b)(1)).
  • Do you have pets? Under federal rules, refusing a reasonable accommodation in your policies is unlawful, and a no-pets policy must yield for a seeing eye dog (24 CFR 100.204).
  • What is your monthly income, and would you like to see our screening criteria?

How you answer matters as much as what you ask. The Division of Human Rights says refusal to rent can consist of delaying review of applications or not responding at all to applicants with lawful sources of income (DHR guidance). Reply to every inquiry the same way and on the same timeline. For scripts, see how to respond to rental inquiries and how to text rental prospects legally.

State law also bars saying a unit is not available for inspection or rental when it is, for a protected reason (Exec. Law 296(5)(a)(1)). Brokers and salespeople have the same duties on application forms and inquiries (Exec. Law 296(5)(c)).

Can you ask about income and vouchers?

Yes to income and its source, no to turning down any lawful source. The Division of Human Rights says housing providers may ask about income, including the source of income, and require documentation of income, but must accept all lawful sources of income equally (DHR guidance).

Lawful source of income includes child support, alimony, foster care subsidies, social security, Section 8 vouchers and any other form of housing assistance payment or credit (Exec. Law 292(36)). The Division says all vouchers and subsidies are covered, and that one-time grants for rent, security deposits, move-in fees or broker fees are protected too.

What you may not say:

  • Any advertisement, statement or response to an inquiry indicating that vouchers or subsidies are not accepted is in itself a violation of the Human Rights Law.
  • It is also unlawful to say you do not accept any other source of income, such as child support or disability benefits.
  • The administrative burden of a subsidy, such as inspections or paperwork, is no defense.

The rule applies to all landlords and rental property regardless of the number of units, and to any employee or agent of the landlord. The Division names two exceptions: a rental unit in a two-family home occupied by the owner, and rooming houses occupied by the owner (DHR guidance). A complaint must be filed with the Division within one year.

What should you never ask a New York rental applicant?

Never ask about a trait the law protects. 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)).

Familial status covers any person who is pregnant, has a child or is in the process of securing legal custody of a child (Exec. Law 292(26)). These state classes sit on top of the federal ones, and federal law separately bans any notice, statement or advertisement that indicates a preference or limitation based on a protected class (42 U.S.C. 3604).

New York City. City law covers a wider range of protected classes than the federal Fair Housing Act or the state Human Rights Law. It adds lawful occupation, meaning any lawful vocation, trade, profession or field of specialization, 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 about its nature or severity (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 housing court section below.
  • In New York City, “What do you do for a living?” asked to screen out a line of work, since lawful occupation is protected there.
  • In New York City, anything about criminal history before a conditional offer.

Under the same federal rule, you may ask all applicants, whether or not they have a disability, whether they can meet the requirements of the tenancy, whether they currently use illegal drugs, and whether they have been convicted of the illegal manufacture or distribution of a controlled substance (24 CFR 100.202(c)).

The state law has narrow exemptions, including an accommodation in a building for not more than two families living independently of each other, if the owner resides in one of them. That exemption is lost if the owner engages in discriminatory conduct under the advertising and inquiry rule, so a discriminatory ad or question removes it (Exec. Law 296(5)(a)(4)).

Can you limit occupants or bar roommates?

You can apply reasonable occupancy limits, but you cannot limit a lease to the tenant’s family. A lease clause restricting occupancy to the tenant and the tenant’s immediate family is unenforceable as against public policy (RPL 235-f).

On a lease with a single tenant, the tenant may add one additional occupant and that occupant’s dependent children. Federal law allows reasonable local, state or federal limits on the maximum number of occupants (42 U.S.C. 3607(b)(1)).

What can the rental application ask for, and how strict can income and credit rules be?

The application can collect identity details and documentation of income, and written permission for a background or credit check. Apply one standard to everyone.

The Division of Human Rights sets these limits on income and credit tests (DHR guidance):

  • An income formula tied to the rent would be unreasonable if applied to a tenant who has 70% to 100% of the rent paid by the vouchering agency.
  • For voucher holders, the agency has already determined ability to pay the tenant’s portion of the rent.
  • You cannot require only “attachable” income, such as wages that can be garnished.
  • Applicants must be considered individually, case by case. Where the agency pays 100% of the rent, weighing negative credit history would be unreasonable.

State law requires landlords to permit reasonable modifications of the premises at the expense of a person with a disability (Exec. Law 296(18)).

How much can a New York landlord charge for a rental application?

Nothing for the application itself, and at most $20 for checks, except at co-ops. A landlord may not demand any payment, fee or charge for the processing, review or acceptance of an application (RPL 238-a).

Outside co-ops, the one exception is reimbursement for a background check and credit check. The total may not exceed the actual cost of the check or $20, whichever is less.

  • You must waive the fee if the applicant provides a copy of a background or credit check conducted within the past 30 days.
  • You may collect the fee only after giving the applicant a copy of the check and the receipt or invoice from the provider.
  • Cooperative housing corporations may charge a prospective shareholder a fee for the managing or transfer agent’s processing cost, and their check fees may exceed $20 but only up to actual cost.
  • A lease clause that waives these rules is void as against public policy.

Can you run credit and background checks, and what notices do you owe?

Yes, with a permissible purpose, which written permission from the applicant establishes. Federal guidance from the FTC says you can only get a consumer report if you have a permissible purpose (FTC).

An adverse action is any action unfavorable to the applicant, such as a denial, a co-signer requirement, a larger deposit or higher rent. If you take one based on a report, federal law requires a notice that gives the reporting company’s name, address and phone number, says 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 it and the key factors that hurt it, listed in order of importance (FTC; CFPB).

When you are done with a report, you must securely dispose of it and any information you gathered from it.

Can you deny an applicant over a housing court case?

No. A landlord may not refuse to rent or offer a lease because an applicant was involved in a past or pending landlord-tenant action (RPL 227-f).

If you requested tenant screening bureau data or court records and then refused to rent, the law presumes a violation. The Attorney General may seek an injunction and civil penalties of $500 to $1,000 per violation.

What criminal history can you consider in New York?

Statewide, some records are off limits, and New York City adds a full process on top. State law bars making any inquiry about, in an application or otherwise, or acting on, an arrest or criminal accusation not then pending that ended in the applicant’s favor, in connection with housing (Exec. Law 296(16)).

The same rule covers youthful offender adjudications, adjournments in contemplation of dismissal and sealed convictions, including convictions sealed under the automatic sealing law. That law seals misdemeanor convictions after three years and felony convictions after eight years, counted from release from incarceration, or from sentencing if there was none (CPL 160.57). Sex offenses and most class A felonies are not eligible for automatic sealing.

New York City. The Fair Chance Housing Law has applied since January 1, 2025 (NYC Commission on Human Rights). It does not require you to run criminal background checks, but if you do:

  • You may check criminal history only after reviewing the applicant’s general eligibility and making a conditional offer, and after giving the applicant the Fair Chance Housing Notice of Rights.
  • Reviewable history is limited to felony convictions within the last 5 years and misdemeanor convictions within the last 3 years, counted from the release date or the sentencing date if there was no jail time, plus convictions that require sex offense registry registration at the time of the check.
  • Arrests, pending cases, adjournments in contemplation of dismissal, youthful offender adjudications, and sealed and expunged convictions are never reviewable.
  • Give the applicant any criminal history you received or reviewed, and five business days to respond.
  • Do an individualized assessment, weighing factors such as the person’s age at the time of the conviction and how much time has passed since the offense. Make your decision in writing, based on a review of the entire application.
  • Housing with 2 or fewer rooms or units is exempt if the provider or their family lives in one of them.

What are the security deposit rules in New York?

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 care and senior facilities.

Other deposit rules to know:

  • The tenant may request a walk-through inspection before moving in. After notice of termination, you must tell the tenant in writing of the right to request an inspection before moving out.
  • Within fourteen days after the tenant moves out, you must provide an itemized statement of any amount kept and return the rest. Missing the deadline forfeits your right to keep any part of the deposit.
  • For voucher holders, deposits cannot be required before move-in time, and security deposit vouchers or agreements from the vouchering agency must be accepted (DHR guidance).
  • Under federal rules, when a person with a disability makes a reasonable modification, the landlord may not increase any customarily required security deposit (24 CFR 100.203(a)).

Late fees are limited too. You may charge one only when rent is more than five days late, and it is capped at $50 or 5% of the monthly rent, whichever is less (RPL 238-a(2)).

Are new New York screening rules coming?

One bill is pending, and it is not law. Assembly Bill A9294-A would require a landlord to give a prospective tenant a written disclosure of the tenant screening criteria (A9294). It was ordered to third reading on May 29, 2026 and has not passed either house.

What are New York’s tenant screening rules at a glance?

Rule What the law says Source
Protected classes (state) No refusing to rent, and no application form or inquiry expressing a limitation, based on traits including citizenship, marital status, familial status, disability and lawful source of income Exec. Law 296(5)
Protected classes (New York City) Adds lawful occupation, partnership status, victim status for domestic violence, stalking and sex offenses, and height and weight Fair Housing NYC
Source of income Ask about income and its source, accept all lawful sources equally; saying vouchers are not accepted is a violation DHR guidance
Application fee None for processing or review; outside co-ops, check fee is actual cost or $20, whichever is less, waived with a check from the past 30 days; co-ops may charge a prospective shareholder a processing fee, and their check fees may exceed $20 up to actual cost RPL 238-a
Housing court history Cannot refuse to rent because of a past or pending landlord-tenant action RPL 227-f
Criminal history (state) No inquiry about arrests not pending that ended in the applicant’s favor, youthful offender adjudications, ACDs or sealed convictions Exec. Law 296(16)
Criminal history (New York City) Only after a conditional offer and the Notice of Rights; felonies 5 years, misdemeanors 3 years, registry offenses; 5 business days to respond NYC Commission on Human Rights
Roommates Lease limiting occupancy to the tenant and immediate family is unenforceable RPL 235-f
Security deposit One month’s rent at most; itemized statement and balance within fourteen days of move-out GOL 7-108
Disability inquiries (federal) No asking whether an applicant has a disability or how severe it is 24 CFR 100.202(c)
Adverse action (federal) Notice naming the reporting company and explaining the right to a free report and to dispute FTC