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This entry was published on 2019-06-28
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SECTION 238-A
Limitation on fees
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 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.