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.
White Plains, NY
Commercial vehicles over 10,000 lbs GVW cannot park overnight on residential streets. Delivery and service trucks allowed during active work only; daytime co...
White Plains, NY
Recreational vehicles, boats, and trailers cannot be stored on streets. Residential zoning restricts storage in driveways and front yards — typically rear or...
White Plains, NY
Driveway curb cuts and aprons require a permit from Public Works. Parking across the sidewalk or blocking pedestrian path is prohibited. Surfaces must be pav...
White Plains, NY
Retaining walls over 4 ft high (measured from bottom of footing to top of wall) require a Building Department permit and engineered drawings. Walls supportin...
White Plains, NY
White Plains prohibits chickens, roosters, and livestock in residential zones. City is urban/suburban and not zoned for agricultural use. No backyard chicken...
White Plains, NY
White Plains enforces the New York State Property Maintenance Code (19 NYCRR Part 1225) and Fire Code through its Department of Building. Single- or multiple...
See how White Plains'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 If you notice an error or outdated information, let us know.