HSTPA caps Nassau County rental fees: application fees at twenty dollars, late fees at fifty dollars or five percent, and limits on broker commissions and pet fees. Landlords cannot pass through unrelated maintenance costs as separate charges during a lease.
NY Real Property Law section 238-a, enacted by HSTPA in 2019, caps tenant-screening fees at $20 (the actual cost of the credit and background check, whichever is less). Late fees cannot exceed $50 or 5 percent of monthly rent, whichever is lower, and cannot accrue until five days after the rent due date. Pet deposits are prohibited as part of the security-deposit cap. Pass-through fees for utilities, water, sewer, garbage, or maintenance must be clearly disclosed in the lease and cannot be unilaterally added mid-tenancy. Nassau District Court housing parts strictly enforce these caps in summary proceedings.
Charges above the HSTPA caps must be refunded with interest. Repeat violations expose Nassau landlords to NY Attorney General enforcement, civil penalties, and disgorgement of all overcharged fees plus attorney fees.
Nassau County, NY
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