RPL 238-a Application Fee Cap
N.Y. Real Property Law § 238-a
Enacted by the Housing Stability and Tenant Protection Act of 2019, New York Real Property Law § 238-a caps fees charged to reimburse the cost of a tenant background check and credit check at the actual cost of those checks or twenty dollars, whichever is less, and bars most other application/processing fees. The landlord may not collect the fee unless it provides the prospective tenant with a copy of the background or credit check and the receipt or invoice from the entity that conducted it, and must waive the fee if the prospective tenant provides a copy of a background or credit check conducted within the past thirty days. This is a New York State statute applicable statewide (not a DCWP rule).
Who must comply
Other DCWP regulations
DCWP Tenant Screening Rule 5-625
6 RCNY § 5-625
Tenant Screening Penalty Schedule
6 RCNY § 6-57
Fair Credit Reporting Act (FCRA)
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
Fair Chance for Housing Act
N.Y.C. Admin. Code § 8-107(5)(o); Local Law 24 of 2024
Tenant Screening Report Disclosure
N.Y.C. Admin. Code §§ 20-807 to 20-811
FARE Act (Broker Fees)
NYC Admin. Code § 20-699.20 et seq. (Local Law 119 of 2024)
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