New York Rental Application

What information should landlords collect?

A rental application gives New York landlords their first opportunity to conduct a tenant screening. A thorough application will help determine whether an applicant is a good fit for their property.

A standard residential rental application typically asks the tenant to provide their:

• 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 software provider for landlords, provides free online rental application templates to help New York landlords save time and cut expenses.

Pre-Screener

Landlords can use a pre-screener as an initial step in vetting a renter after the renter expresses interest in a property.

These brief questionnaires help landlords quickly assess whether the candidate meets basic qualifications before moving forward and sending them a complete rental application form.

A typical pre-screener might ask for the tenant’s:

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

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

Federal Application Laws

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

Fair Housing Act (FHA): This federal law prohibits discrimination in housing applications on the basis of protected characteristics, including race, color, religion, national origin, sex, familial status, and disability. Landlords in New York cannot deny housing or ask discriminatory questions based on any of these characteristics.

For example, a landlord cannot ask an applicant about their religious affiliation by saying, “Are you Jewish?” The FHA applies to landlords, property managers, and their employees. It also prohibits discriminatory advertising and unequal terms in rental agreements (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): Under the ECOA, lenders cannot deny or alter credit terms based on race, color, religion, national origin, sex, or other protected factors.

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

Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities. Landlords must also make reasonable accommodations to their rules, policies, or services to give disabled persons equal opportunity to use and enjoy the rental unit (for example, allowing service dogs in a no-pet unit) (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): This federal law governs how landlords use credit reports in the New York rental application process.

The FCRA requires landlords to obtain an applicant’s written consent before running a credit check. If the landlord denies the application or takes any adverse action based on the credit report, they 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 7 years old (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: Passed shortly after the Civil War ended, this act prohibited racial discrimination in all property transactions, including the rental and leasing of property. Landlords must treat each applicant equally, regardless of race, throughout the rental application and leasing process (42 U.S.C. § 1981).

New York Application Laws

In addition to federal laws, New York has its own regulations governing what landlords can ask on a rental application in 2026 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 (N.Y. Real Prop. Law § 15).

Source of income: New York significantly limits a landlord’s ability to deny an applicant based on their lawful source of income, including 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 (N.Y. Exec. Law § 296).

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’ ability to inquire 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 (N.Y. Exec. Law § 296).

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 (N.Y. Exec. Law § 296).

Portable tenant screening report: In New York, applicants can provide a recent (within 30 days) portable tenant screening report, and landlords must waive any screening fee upon acceptance. If a landlord chooses to run their own report anyway, total screening fees still max out at $20 (N.Y. Real Prop. Law § 238-A).

Pets, ESAs, and Service Animals

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

Pet information: 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 a monthly pet rent. If you allow pets in your rental, include a section in your rental application to collect information such as the pet’s type, breed, weight, and vaccination records.

With that in mind, landlords cannot discriminate against applicants with an ESA or service animal, as the Fair Housing Act protects these individuals. Landlords 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 tenancy is based on legal, non-discriminatory standards that apply consistently to all potential tenants.

Common permissible reasons for denial include:

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

Denial notice: In New York, landlords must provide a written explanation when denying a rental application. This notice should clearly state the reason for the denial.

Credit/background denials: If a landlord denied an applicant housing because of information obtained during a tenant screening, the FCRA requires the landlord to provide the tenant with an adverse action notice that includes:

• The name of the credit/background check provider,
• An explanation of the tenant’s right to dispute inaccuracies, and
• Contact details of the reporting agency (15 U.S.C. § 1681m).

Document storage: 2026 state law does not specify a time frame for how long landlords must retain denied New York rental application forms or tenant screening reports. However, landlords should generally retain these records for a few years to help protect against potential discrimination claims.