Real Property Law Section 238-a, added by the 2019 HSTPA, caps residential late fees at $50 or 5% of the monthly rent, whichever is less, and bars any late fee until rent is more than five days overdue. Lease provisions that try to waive these limits are void.
RPL Section 238-a provides that a late fee "shall not exceed fifty dollars or five percent of the monthly rent, whichever is less." No landlord may "demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due," creating a mandatory five-day grace period. The statute also restricts application and background-check fees, capping the latter at $20 or actual cost. Critically, "any provision of a lease or contract waiving or limiting the provisions of this section shall be void as against public policy," so landlords cannot contract around the cap or grace period.
Late fees above the cap, or charged before the five-day grace period ends, are unenforceable; waiver clauses are void as against public policy.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Babylon, NY
Aircraft noise from Republic Airport (FRG) in East Farmingdale is preempted by federal law. The Town of Babylon cannot regulate flight paths or aircraft oper...
Babylon, NY
Amplified music audible beyond the property line after 10 PM is prohibited in Babylon under Chapter 158. Outdoor concerts and commercial venues require a spe...
Babylon, NY
Construction and powered equipment work in Babylon is generally restricted to 7 AM to 7 PM Monday through Saturday, with no Sunday or holiday work without a ...
Babylon, NY
Babylon permits residential EV chargers as accessory to single-family homes without a special permit, though an electrical permit from the Division of Buildi...
Babylon, NY
Commercial vehicles over 10,000 lbs GVW or with commercial lettering cannot be parked on Babylon residential streets or in residential driveways overnight, p...
Babylon, NY
Vehicles parked on Babylon public streets for more than 48 hours or showing signs of abandonment (flat tires, expired plates, broken windows) can be tagged a...
See how Babylon's late fees & grace periods rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.