Rent and Fees – Tenant Rights FAQs Housing Tags: Other Useful Resources What rights do I have when my landlord wants to raise the rent? What fees are they allowed to charge? Learn more about your financial rights as a tenant. I’m looking for a new apartment – what kinds of application fees are allowed? The only fee a landlord can charge prior to signing a lease is a credit and background check. This fee is limited to $20 and they must provide you with a copy of the report. How much can my landlord charge for a security deposit? In NYS, security deposits are limited to no more than one month’s rent. This means, your landlord CANNOT ask you for both last month’s rent AND a security deposit. If your rent increases, the landlord may request additional money to bring the deposit up to the new rent amount. For more information regarding security deposits, check out: Security Deposits My landlord wants to increase the rent – what kind of notice is required? Notice MUST be given to tenants if the landlord wants to raise the rent 5% or more. If you’ve lived in the apartment for 2 or more years, you must be provided with advance written notice 90 days before. If you’ve lived in the apartment for at least 1 year but less than 2, you must be provided with advance written notice 60 days before. If you’ve lived in the apartment for less than 1 year, you must be provided with advance written notice 30 days before. They must also give you the same amount of notice if they plan not to renew your lease. How much of an increase is allowed? There is no limit to the amount or percentage increase that a landlord can issue in an apartment, unless that apartment is rent controlled or rent stabilized. However, advanced written notice MUST be given if the rent increase is 5% or more. Rent increases for manufactured or mobile homes are usually capped at 3%, but they can raise the rent up to 6% if that increase is “justifiable.” If your rent is increased by more than 3%, you can challenge that increase in court. Are there any exemptions? Senior citizens over 62 and/or individuals living with a disability may be granted certain exemptions for rent increases. For more information, reach out to the Division of Housing and Community Renewal. DHCR Website What kinds of late fees can my landlord charge if I don’t pay my rent on time? The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less. For more information on your rights as a tenant, visit: Tenant Rights Guide