Running a criminal background check at the wrong moment can cost a New York City landlord up to $250,000. Most NYC tenant screening laws that matter today took effect in the last seven years, and two of them arrived in 2025 alone.
This is the checklist. It covers what you can require, what you can't, and where the law is still moving.
The short version
You can require:
- A minimum income, such as 40x the monthly rent
- A minimum credit score, applied the same way to every applicant
- A guarantor when an applicant misses your standards
- A criminal background check, but only after a conditional offer
You can't:
- Charge more than $20 to process an application
- Collect more than one month's rent as a deposit or advance
- Pass your broker's fee to the tenant
- Reject someone for a past housing court case
- Reject someone because they aren't a U.S. citizen
Can a landlord require 40 times the rent in NYC?
Yes. No state or city law sets or bans an income multiple. The 40x rule is a business policy, and you can set yours higher or lower.
The exception is housing vouchers. The NYC Commission on Human Rights says that when a voucher program sets the tenant's share of the rent based on their income, you may not add an income requirement or require a guarantor.
That area is unsettled. In March 2026, a state appellate court held that New York's source-of-income law can't force owners into the Section 8 program. The ruling addressed state law. How it affects the city's own protections is still being fought over, so talk to counsel before you change a voucher policy.
How much can a NYC landlord charge for a rental application?
Twenty dollars, or the actual cost of the background and credit checks, whichever is less. That's the cap under Real Property Law § 238-a.
Two rules catch owners off guard. You must waive the fee if the applicant brings a background or credit check from the past 30 days. And you can only collect the fee if you give the applicant a copy of the check and the receipt from the company that ran it.
How much can you collect before move-in?
On top of the first month's rent, one month. General Obligations Law § 7-108 says no deposit or advance can exceed one month's rent. That rules out asking a riskier applicant for three months up front.
That cap is why deposits stopped working as real protection. A tenant who stops paying for four months costs you four months of rent, and you're holding one. Here are the four options owners use to cover that gap.
Who pays the broker fee under the FARE Act?
You do, if you hired the broker. Since June 11, 2025, the FARE Act has barred landlords from passing their broker's fee to tenants, according to the city's consumer protection agency.
The disclosure rules matter as much as the fee rule. Every fee a tenant must pay has to appear in the listing. Before lease signing, the tenant gets an itemized written list of those fees and signs it. You keep the signed copy for three years. Here's what else the FARE Act changed.
Can a landlord run a criminal background check in NYC?
Yes, but not first. The Fair Chance for Housing Act took effect January 1, 2025. Under it, you can look at criminal history only after you've made a conditional offer and given the applicant a copy of the lease.
Even then, the lookback is limited:
- Felonies: five years from release or sentencing
- Misdemeanors: three years from release or sentencing
- Registered sex offenses: any time
If something turns up, you must share it with the applicant and give them at least five business days to respond. A denial has to come in writing and explain how the record relates to a legitimate business interest. Two-family, owner-occupied homes and rooms in owner-occupied homes are exempt. The city's official notice has the details.
Can a landlord reject a tenant for a past housing court case?
No. Real Property Law § 227-f bars refusing to rent because an applicant was involved in a past or pending landlord-tenant case. The Attorney General can seek $500 to $1,000 per violation.
You can still look at payment history and income. You just can't use the court case itself as the reason.
Can a landlord require a minimum credit score?
Generally, yes, as long as you apply it the same way to every applicant. Voucher holders are the exception again. The Commission says a fixed credit score cutoff for voucher holders can be evidence of discrimination, and if a voucher covers the full rent, you can't consider credit at all.
For market-rate units, most NYC owners set their bar between 650 and 700.
Can a landlord turn down international applicants?
Not for being international. The NYC Human Rights Law protects alienage or citizenship status, along with lawful occupation and lawful source of income.
You can still verify identity, income and credit. The practical problem is that a graduate student from Seoul or a new hire from London often has no U.S. credit file and no U.S. income yet. They fail the numbers without being a bad risk. Here's how owners approve them without breaking their standards.
Can a landlord require a guarantor in NYC?
Yes, for applicants who miss your income or credit bar. Write the trigger into your screening policy and apply it to everyone, with the voucher exception above.
The harder question is what kind of guarantor to accept. A personal guarantor usually needs to earn 80x the rent, so a $3,500 apartment calls for $280,000 a year. If the tenant defaults, collecting from that person can mean a lawsuit.
A third-party guarantor replaces the personal promise with an insurance product. PandaGuarantee issues a surety bond that is free to landlords, and coverage can include unpaid rent for the full lease term. Applicants get a decision in minutes. If rent goes unpaid, you file online and claims are paid in 3 business days. You keep your standards, and more qualified applicants can meet them.
Put your screening criteria in writing
Under NYC tenant screening laws, consistency is your best defense against a discrimination claim. Write down your income multiple, credit minimum, guarantor trigger and the point where you run a criminal check. Then apply them the same way to every applicant, and keep records. The FARE Act already requires you to keep signed fee disclosures for three years, so use the same file.
When a strong applicant misses your 40x bar, you don't have to choose between a vacancy and a risk. Register your building with PandaGuarantee and accept a guarantee that pays.
This post is general information, not legal advice. Screening law in New York changes often, so confirm your policy with counsel.