Rental application NYC rules protect you more than most renters realize. When you apply for an apartment, a landlord or broker can charge you no more than $20 for background and credit checks. In some cases, they cannot charge you anything. This guide shows you how to write a short letter asking for a fee waiver or a refund. A written rental application NYC letter creates a paper trail. As a result, it is much harder for anyone to ignore your rights.
When and Why to Use a Rental Application NYC Letter
Typically, you use a rental application NYC letter in one of three situations. First, a landlord or broker asks for more than $20 up front. Second, you already have a recent screening report and want the fee waived. Third, you already paid too much and want the difference back.
The $20 cap comes from the Housing Stability and Tenant Protection Act of 2019. It covers the whole state, including all five boroughs. For example, a $100 “application fee” for a regular apartment is not allowed. The landlord must also give you a copy of the check and the receipt from the company that ran it. You can read the law at New York Real Property Law § 238-a. It applies to every rental application NYC fee you pay a landlord or their broker.
Other rules help you, too. In most cases, a landlord cannot turn you down just because you were in housing court before, under Real Property Law § 227-f. Since June 11, 2025, the FARE Act means you do not pay a broker fee unless you hired the broker. NYC law also bans rejecting you for using a housing voucher. Your rental application NYC letter can mention any of these rights.
What to Include (and What to Leave Out)
A good letter is short and calm. Start your rental application NYC letter with your name, the apartment address, and the date you applied. Next, list the amount you paid and how you paid it. Then name the law: Real Property Law § 238-a. Ask for one clear result, such as a refund of $80. Finally, give a date to respond, like 10 days.
Leave out anger, threats, and long stories. However, do attach proof. That might be a receipt, a payment app screenshot, or the listing. If you offered your own report, include its date. A rental application NYC letter works best when it reads like a simple business request.
Fee rules are very different outside New York. The table below shows how a rental application NYC fee compares with a few other states.
| State | Application / screening fee rule | Law |
|---|---|---|
| New York | $20 or actual cost, whichever is less; $0 if you give a report from the past 30 days | Real Prop. Law § 238-a |
| California | $30 base cap, adjusted each year for inflation; unused screening money must be refunded | Civ. Code § 1950.6 |
| Delaware | No more than 10% of one month’s rent or $50, whichever is greater | 25 Del. C. § 5514 |
| Massachusetts | No application fee allowed | M.G.L. c. 186, § 15B |
| Vermont | No application fee allowed | 9 V.S.A. § 4456a |
Sample Template You Can Adapt
Use this sample to ask for a waiver or a refund on a rental application NYC fee. Change the brackets to fit your facts, and delete any lines that do not apply.
Sample template – adapt to your state and your situation. This is an informational sample, not legal advice.
[Your Name]
[Your Address]
[Your Phone / Email]
[Date]
[Landlord or Broker Name]
[Company Name]
[Address]
Re: Rental Application NYC Fee – [Apartment Address, Unit #]
Dear [Landlord or Broker Name],
On [date you applied], I applied to rent [Apartment Address, Unit #]. I paid [$ amount] by [payment method] for a background and/or credit check.
New York Real Property Law § 238-a limits this fee to $20 or the actual cost of the checks, whichever is less. [If it applies: I also gave you a copy of my own screening report dated [report date], which is within 30 days. Under the same law, the fee must be waived.]
I am asking you to:
1. Refund [$ amount over the legal limit] to me by [date, e.g. 10 days from today].
2. Send me a copy of any background or credit check you ran on me.
3. Send me the receipt or invoice from the company that ran the check.
Please send the refund by [check to the address above / payment app / other method]. Copies of my payment proof are attached.
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Thank you for your prompt attention.
Sincerely,
[Your Name]
Enclosures: [Receipt / screenshot / listing / your screening report]
How to Send Your Rental Application NYC Letter So It Counts
Email is fast, and it gives you a timestamp. However, also mail a paper copy by certified mail with return receipt. Keep the green card or the USPS tracking page. Save the letter and every reply in one folder.
Typically, give the landlord or broker 10 days to answer. If no refund comes, you still have options. You can file a complaint with the New York Attorney General. If a licensed broker overcharged you, you can also complain to the NY Department of State, which licenses brokers. Small claims court is another path for money owed. Your rental application NYC paper trail will be your best evidence.
A denial because of a voucher, a past court case, or a criminal record is more serious. For example, NYC’s Fair Chance for Housing Act generally bars criminal history checks until after a conditional offer. Contact the NYC Commission on Human Rights or a local legal-aid office right away. A rental application NYC denial for an illegal reason may lead to a complaint and possible damages.
Frequently Asked Questions
Can a landlord charge a $50 rental application NYC fee?
Not for background and credit checks. The combined limit is $20 or the actual cost, whichever is less. Co-op and condo board fees can follow different rules, so ask in writing what the fee covers.
What if I already have my own credit report?
If it was run in the past 30 days, the landlord must waive the fee. Bring a copy with your rental application NYC paperwork. Keep proof that you offered it, such as an email with the report attached.
Can I get my money back if I was denied?
In most cases, a proper fee of $20 or less covers real screening costs, so it is not refunded after a denial. However, anything above the legal cap should be returned. Money paid to “hold” an apartment is limited too, under General Obligations Law § 7-108, so ask for it back in writing if you do not get the unit.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.