How do I screen tenants legally in New York?

Question

Accepted Answer

New York has some of the strictest tenant screening laws in the United States. Knowing what you can and cannot ask — or check — protects you from discrimination lawsuits and regulatory fines.

What landlords in New York CAN legally screen for:

Credit score and credit history
Proof of income (typically 40x the monthly rent in annual gross income)
Employment verification and history
Previous landlord references
Eviction history — with important limitations (see below)
Criminal background — with strict limitations under NYC Fair Chance for Housing Law

What landlords in New York CANNOT legally do:

Reject applicants based on race, color, national origin, religion, sex, disability, familial status, sexual orientation, gender identity, immigration status, or source of income (including Section 8 vouchers)
Use criminal history as an automatic disqualifier — since 2024, NYC's Fair Chance for Housing Law requires landlords to conduct an individualized assessment before denying based on criminal records
Charge more than $20 for a rental application fee (to cover background and credit check costs only)
Ask about prior evictions that did not result in a judgment against the tenant

Screening best practices for NYC landlords:

Apply the same criteria consistently to every applicant — inconsistent screening is a discrimination red flag
Document your screening process and decisions in writing
Use a written rental application that avoids prohibited questions
Run credit and background checks through a compliant service
Notify rejected applicants in writing with a lawful reason