New York Rental Application

What information should landlords collect?

A New York rental application gives landlords their first chance to screen potential tenants. In doing so, collecting key information will help determine whether an applicant is a good fit.

Information landlords typically collect in a rental application includes:

• Name and contact info
• Employment and income details
• Rental and eviction history
• Landlord references
• Smoking and pet status
• Vehicle information
• And more

TurboTenant, a property management platform for landlords, offers free online rental application templates to help save time and reduce costs.

Pre-Screener

New York landlords can use a pre-screener as an initial step in the application process after a renter expresses interest in a property.

These brief questionnaires help landlords quickly assess whether the renter meets basic qualifications before moving forward with a complete rental application.

A typical pre-screener might ask for:

• Contact info
• Employment status
• Income
• Self-reported credit score
• Desired move-in date
• Number of people the applicant will live with
• Pets
• Smoking

Important note: While pre-screeners can help manage inquiries efficiently, they are not an effective substitute for a rental application.

Federal Application Laws

Several federal laws and regulations apply to the New York rental application process to ensure fair and non-discriminatory practices.

Fair Housing Act (FHA): This federal law prohibits discrimination in housing applications based on protected characteristics such as race, color, religion, national origin, sex, familial status, and disability (42 U.S.C. 3601 et seq.). Landlords in New York cannot deny housing or ask discriminatory questions based on any of these characteristics.

For example, a landlord cannot ask about an applicant’s religious affiliation by saying, “Are you Jewish?” The FHA applies to landlords, property managers, and their employees. It prohibits discriminatory advertising, denial of housing, and offering unequal terms in a rental agreement.

Equal Credit Opportunity Act (ECOA): The ECOA protects credit applicants from discrimination based on protected characteristics, including race, color, religion, national origin, sex, marital status, and age.

It also prohibits discrimination if a public assistance program pays any portion of the applicant’s income, or if the applicant exercised any right under the Consumer Credit Protection Act in good faith (15 U.S.C. 1691 et seq.).

Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities (42 U.S.C. 126 et seq.).

Landlords must also make reasonable accommodations to their rules, policies, or services to give disabled persons equal opportunity to use and enjoy their home.

Fair Credit Reporting Act (FCRA): The FCRA governs how landlords use credit reports during the rental application process (15 U.S.C. 1681 et seq.).

The FCRA requires landlords to get an applicant’s explicit consent before running a credit check. If the landlord denies the application or any adverse action is taken based on the credit report, the landlord must provide the applicant with an adverse action notice.

At the federal level, landlords cannot use most negative information from a credit report if it’s over seven years old.

Civil Rights Act of 1866: Prohibits racial discrimination in all property transactions, including renting and leasing. Landlords must equally treat each applicant, regardless of race, throughout the application and leasing process (14 Stat. 27 (Chapter 31)).

New York Application Laws

New York has its own regulations that govern what landlords can ask on a rental application and how they can use that information when making a rental decision.

New York State’s Human Rights Law reinforces the protections outlined in the federal Fair Housing Act and, in some cases, expands them.

Source of income: New York significantly limits a landlord’s ability to deny an applicant based on their lawful source of income, including various forms of public assistance, such as housing vouchers.

Landlords generally cannot refuse to rent to someone solely because they plan to pay rent using a housing voucher or another government assistance program.

Criminal history: In New York, the law prohibits landlords from asking about or considering arrests that did not result in a conviction.

It also limits landlords from inquiring into sealed or expunged criminal records. Landlords should evaluate the nature and seriousness of any conviction, the time since it occurred, and whether it relates to the safety of other tenants or the property.

Sexual orientation & gender identity: New York law explicitly prohibits landlords from discriminating based on sexual orientation or gender identity under the New York State Human Rights Law.

Portable tenant screening report: Check with your local laws regarding the tenant usage of portable tenant screening reports.

Pets, ESAs, and Service Animals

Every New York rental application form should clearly outline policies regarding pets, Emotional Support Animals (ESAs), and service animals.

Landlords in New York can choose whether to allow pets and may set their own rules about size, breed, and number. They can also charge a pet deposit or monthly pet rent. If you allow pets in your rental, include a section in your application to collect information such as the pet’s type, breed, weight, and vaccination records.

Landlords cannot discriminate against applicants with an ESA or service animal, as protected by the Fair Housing Act. They also cannot charge fees for ESAs or service animals or deny housing based on their presence. Tenants are still responsible for any damage caused by their ESA or service animal.

Denial Process

Landlords must ensure that any denial of a New York rental application is based on legal, non-discriminatory reasons and is applied consistently to all applicants.

Common permissible reasons for denial include:

• Insufficient income
• Poor credit history
• Adverse rental history
• Relevant criminal background
• Providing incomplete/false information

In New York, landlords must provide a written explanation if they deny a rental application. This notice should clearly state the reason for the denial.

If a landlord bases a denial on information from a tenant screening service, the Fair Credit Reporting Act (FCRA) requires an adverse action notice that includes:

• The name of the credit/background check provider
• An explanation of the tenant’s right to dispute inaccuracies
• Contact details of the reporting agency

New York law does not set a specific time frame for how long landlords must keep denied rental applications or tenant screening reports. However, they should retain these records for a few years to help protect against potential discrimination claims.