New York Laws
Article 7 - Landlord and Tenant
238-A - Limitation on Fees.

(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. Notwithstanding the provisions of this
paragraph, a cooperative housing corporation shall be permitted to
charge a fee or fees to reimburse costs associated with conducting a
background check and credit check in excess of twenty dollars, where the
potential tenant would become a dwelling unit owner or shareholder of
such cooperative housing corporation, provided the cumulative fee or
fees for such checks is no more than the actual cost of such background
check and/or credit check. Further, with regard to a cooperative housing
corporation subject to the provisions of article two, article four,
article five or article eleven of the private housing finance law, all
such fees must be reasonable and approved by the agency supervising such
cooperative housing corporation.
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; provided a cooperative housing
corporation, other than a cooperative housing corporation subject to the
provisions of article two, article four, article five or article eleven
of the private housing finance law, shall be permitted to charge a
tenant that is a dwelling unit owner or shareholder of such cooperative

housing corporation a fee of up to eight percent of the monthly
maintenance fee for the late payment of the monthly maintenance fee if
the proprietary lease or occupancy agreement provides for such fee.
3. Any provision of a lease or contract waiving or limiting the
provisions of this section shall be void as against public policy.

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