Applying for an apartment in NYC: documents, fees and what landlords can ask

Before you apply: know your numbers

Most New York landlords and managing agents screen on income. The common test is a yearly income of 40 times the monthly rent, so a $3,500 apartment means $140,000 a year before tax. This is landlord practice, not law. No statute sets it, and buildings differ: some ask for more, some look harder at credit or savings, and some add up every applicant's income while others want each person to meet part of it. Ask the landlord which test they use.

Check the test against the gross rent, the figure in the lease. A listing that quotes a "net effective" rent spreads free months over the lease, and the income test is usually based on the higher gross figure. Convert a net effective rent to gross first, then see what rent your income qualifies for, including with roommates or a guarantor.

Documents landlords commonly ask for

No law lists the documents a landlord can ask for, and each building has its own application. These are the papers most often requested in New York City, so having them ready as files you can send straight away saves days:

• Photo ID, such as a driver's licence or passport.
• Proof of income: recent pay slips and a letter from your employer with your salary and start date. If you're starting a new job, the signed offer letter.
• Tax records: last year's federal return, or your W-2 or 1099 forms. If you're self-employed, expect to be asked for the last two years' returns.
• Recent bank statements, to show savings and that rent has been paid.
• References: your current or last landlord's contact details, or a reference letter.
• Your guarantor's papers, if you're using one: usually the same kinds of documents as yours.
• A recent background or credit check, if you have one from the last 30 days (see the next section).

Ask what a landlord actually needs before you send full bank statements, and send documents only to the landlord or managing agent you're applying with. Keep a note of who you sent what to.

What you can be charged to apply

New York State law doesn't let a landlord charge you to process, review or accept an application. The one fee allowed at the application stage is for a background and credit check, and for both together it can be no more than their actual cost or $20, whichever is less. The landlord must give you a copy of the report and the receipt or invoice from the company that ran it, or they can't charge the fee. And if you hand over your own background or credit check from the last 30 days, the landlord must waive the fee (Real Property Law §238-a).

That's a reason to keep a copy of any check you're given: if you apply for a second apartment within 30 days, you can offer the same report instead of paying again.

In New York City, a broker who works for the landlord, including the listing agent, can't charge you a broker's fee, and no one can make renting an apartment depend on hiring a broker. Background and credit check fees aren't affected by that rule; they stay under the $20 limit (NYC Department of Consumer and Worker Protection). Deposits, broker fees and what to do if you're overcharged are covered in the renting fees guide.

What a landlord can and can't ask

Criminal history. Since 1 January 2025, New York City's Fair Chance Housing Law means most landlords can't ask about criminal records in an ad or an application. A landlord who wants to run a criminal background check may do so only after looking at your general eligibility, making you a written conditional offer and giving you a notice of your rights. Only a narrow set of recent convictions can then be considered, and never arrests, pending cases or sealed records. If the landlord is thinking of withdrawing the offer because of the check, you get five business days to point out mistakes or send information in support. Small buildings of two units or fewer where the owner or their family lives are exempt (NYC Commission on Human Rights).

Housing court history. A landlord can't refuse to rent to you because you've been in a past or pending landlord-tenant case. If a landlord checks a tenant screening bureau or court records and then turns you down, the law presumes they broke this rule unless they can show otherwise (Real Property Law §227-f).

How you pay the rent. In New York City it's unlawful for a landlord or other housing provider to refuse a lawful source of income, such as Social Security, public assistance, a housing voucher or other government help (NYC Commission on Human Rights).

A landlord can still check your identity, your income against their own test, your credit (for the $20 at most described above) and your references.

Guarantors and guarantor companies

If your income doesn't meet a landlord's test, many will accept a guarantor: someone who signs to pay the rent if you don't. Landlords commonly ask a personal guarantor to earn more than a tenant, often around 80 times the monthly rent ($280,000 a year for a $3,500 apartment). That's each landlord's rule, not law. Some also want the guarantor to have assets, or to live in a particular area, so ask.

Guarantor companies act as your guarantor in return for a fee. Whether a building accepts one, and on what terms, is up to the landlord. Before you pay one, read what the fee covers, whether any of it comes back, and what you'd owe the company if it ever has to pay your landlord.

A guarantor is no reason for a larger deposit. A landlord can't ask for more than one month's rent as a security deposit to make up for income (General Obligations Law §7-108).

Once you're approved

Before you sign, a New York City landlord or their agent must give you an itemised written list of every fee you'll pay them, which you sign and get a copy of (DCWP). The lease itself must say whether the apartment is in a FEMA flood zone and disclose any known past flood damage, with a note that renter's insurance doesn't usually cover floods (Real Property Law §231-b).

The security deposit can be no more than one month's rent. After you sign and before you move in, you can ask the landlord for an inspection, and you both sign a list of anything already damaged; the landlord can't later keep deposit money for what's on that list. When you move out, the deposit, less any lawful deductions, must come back within 14 days with an itemised statement (GOL §7-108).

Comparing more than one offer? Log them in the rental tracker to see each one's all-in monthly cost, the cash to move in and the income it needs.

Checklist to print

Print this page, or save it as a PDF, and tick items off as you go.

• I know the gross rent, and my income meets the landlord's test, or I have a guarantor who does.
• Photo ID, saved as a file.
• Recent pay slips and an employer letter (or an offer letter).
• Last year's tax return, W-2 or 1099.
• Recent bank statements.
• Landlord reference or contact details.
• Guarantor's documents, if using one.
• A background or credit check from the last 30 days, if I have one, to offer instead of paying again.
• Screening fee: no more than $20 or the actual cost, with a copy of the report and the invoice.
• No broker's fee if the broker works for the landlord (New York City).
• The written list of every fee, before I sign.
• Deposit no more than one month's rent.
• Flood-zone disclosure in the lease.
• Move-in inspection requested, and the list of existing damage signed.