New York rent late fee law
What your landlord is allowed to charge when rent is late, how soon they can charge it, and what to do about a fee the law doesn't allow.
Maximum late fee
Lesser of $50 or 5%
Grace period
5 days
The cap
Under N.Y. Real Prop. Law § 238-a; RPAPL § 702, New York caps residential late fees at $50 or 5% of the monthly rent, whichever is LESS — one of the strictest caps in the country, enacted in the 2019 Housing Stability and Tenant Protection Act. (Housing co-ops may charge shareholder-tenants up to 8% of the monthly maintenance fee if the proprietary lease provides for it.)
When the fee can start
No late fee may be demanded unless the rent has gone unpaid for more than five days after its due date. The cap and grace period apply regardless of what the lease says — lease provisions waiving them are void as against public policy. In rent-stabilized units, a late-fee clause must appear in the initial vacancy lease and cannot be newly added at renewal.
If you've been charged an illegal fee
An illegal late fee is unenforceable, and a landlord cannot pursue late fees in an eviction case at all: RPAPL § 702 limits residential summary proceedings to rent only, no matter what the lease says. Rent-stabilized tenants can also challenge unlawful fees through DHCR.
Local rules that matter
New York City — rent-stabilized units
The same $50-or-5% cap applies, with extra rules: the late-fee clause must be in the initial vacancy lease, the 5% is computed on the rent actually charged (a preferential rent, if you pay one), fees never become part of the legal rent, and "pay on time or lose your preferential rent" schemes are not allowed.
DHCR Fact Sheet #44
Recent changes
In October 2025, New York added rules for bounced-check fees (RPL § 238-a(2-a)): they must be provided for in the lease and are capped by reference to General Obligations Law § 5-328. The late-fee cap itself is unchanged since 2019.
Charged a fee the law doesn't allow?
Answer a few questions and get a formal demand letter citing N.Y. Real Prop. Law § 238-a; RPAPL § 702 and exactly which rule your landlord broke — free to generate and download. We can also send it by USPS Certified Mail for you, with the delivery record that holds up in court.
Dispute my late feeDid your landlord also keep your security deposit?
Every state sets a deadline for returning your security deposit, with real penalties for landlords who miss it. See what New York law requires and what your landlord may owe you.
New York deposit lawCommon questions
- Is there a limit on late fees for rent in New York?
- Yes. Under N.Y. Real Prop. Law § 238-a; RPAPL § 702, New York caps residential late fees at $50 or 5% of the monthly rent, whichever is LESS — one of the strictest caps in the country, enacted in the 2019 Housing Stability and Tenant Protection Act. (Housing co-ops may charge shareholder-tenants up to 8% of the monthly maintenance fee if the proprietary lease provides for it.)
- Can my landlord charge a late fee the day rent is due in New York?
- No. No late fee may be demanded unless the rent has gone unpaid for more than five days after its due date.
- What can I do if my landlord charged an illegal late fee in New York?
- An illegal late fee is unenforceable, and a landlord cannot pursue late fees in an eviction case at all: RPAPL § 702 limits residential summary proceedings to rent only, no matter what the lease says. Rent-stabilized tenants can also challenge unlawful fees through DHCR.
Statute text verified against the published source on August 6, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.