New York Rent Late Fee Calculator: 2025 Laws & RPL § 238-a Guide

Common Questions

What is the maximum late fee allowed in New York?

New York Real Property Law § 238-a requires late fees to be 'reasonably related to the landlord's actual administrative costs.' While there's no fixed percentage cap statewide, courts typically uphold fees of $50 or 5% of monthly rent, whichever is less. In NYC rent-stabilized apartments, late fees cannot exceed $50 per occurrence. For non-stabilized units, the standard is reasonableness based on actual costs incurred by the landlord.

Does New York require a grace period for rent payments?

Yes, New York Real Property Law § 238-a mandates a minimum 5-day grace period before landlords can charge late fees for rents under $1,000. Many leases and housing programs offer longer grace periods. NYC's Housing Maintenance Code provides additional protections. The grace period typically begins the day after rent is due, so if rent is due on the 1st, the grace period runs through the 5th.

Are late fees different in New York City vs. upstate New York?

Yes. NYC has additional regulations through rent stabilization laws, the Administrative Code, and tenant protection ordinances. Rent-stabilized apartments in NYC have a strict $50 maximum late fee regardless of rent amount. NYC also has stricter enforcement of the reasonableness standard. Upstate cities like Buffalo, Albany, and Syracuse follow state law (RPL § 238-a) without the additional NYC-specific restrictions.

Can New York landlords charge daily late fees?

New York law does not explicitly prohibit daily late fees, but the total must satisfy the 'reasonably related to actual costs' standard under RPL § 238-a. Courts have struck down excessive cumulative fees. If daily fees are charged, they should be modest ($5-10/day) with a reasonable cap (e.g., $50-75 maximum). Unlimited daily fees are likely unenforceable as penalties exceeding actual administrative costs.

What happens if my New York landlord charges excessive late fees?

You can challenge excessive late fees in New York Housing Court (NYC) or local small claims court (upstate). Document the fee amount and your monthly rent, then: (1) Send written notice disputing the fee under RPL § 238-a, (2) File a complaint with the NY Attorney General's Consumer Protection Bureau, (3) Contest in Housing Court if facing eviction, or (4) Deduct disputed fees from future rent with written notice. Courts can void or reduce fees not reasonably related to actual costs.

Can I be evicted for not paying late fees in New York?

In New York, late fees are not considered 'rent' for eviction purposes. Under Real Property Actions and Proceedings Law (RPAPL), landlords can only bring nonpayment proceedings for actual rent owed. Unpaid late fees can be: (1) Deducted from your security deposit at move-out, (2) Pursued through small claims court separately, (3) Sent to collections, or (4) Used as grounds for non-renewal (with proper notice). However, you cannot be evicted solely for unpaid late fees.

How do late fees work in New York rent-stabilized apartments?

NYC rent-stabilized apartments have specific late fee protections: (1) Maximum $50 late fee regardless of rent amount, (2) Must be clearly stated in the registered lease, (3) Cannot be charged until after the statutory grace period, (4) Must be approved by DHCR (Division of Housing and Community Renewal), (5) Cannot be increased without DHCR approval. Landlords violating these rules face penalties and fee refunds.

What protections exist for NYC Section 8 tenants regarding late fees?

Section 8 (Housing Choice Voucher) tenants in New York have additional protections: (1) Late fees can only apply to the tenant's portion of rent, not the subsidy, (2) Fees must comply with both HUD regulations and NY state law, (3) NYCHA-administered vouchers have specific late fee policies, (4) Landlords cannot charge late fees if the late payment was caused by delayed subsidy processing. Contact NYCHA or your local housing authority for specific voucher program rules.

Are there any New York laws protecting military tenants from late fees?

Yes. The federal Servicemembers Civil Relief Act (SCRA) protects active-duty military members in New York. Late fees cannot exceed 6% annually (0.5% monthly) on debts incurred before active duty. Additionally, New York Military Law provides eviction protections for service members. If you're active-duty and facing excessive late fees, contact your installation's legal assistance office or the NY Attorney General's Military Bureau.

Can New York landlords charge late fees without a written lease?

No. Under New York Real Property Law § 238-a, late fee provisions must be included in a written rental agreement to be enforceable. Verbal agreements about late fees are generally not binding. Month-to-month tenancies without written late fee clauses cannot have late fees imposed retroactively. However, if you pay late fees consistently without objection, courts may find implied agreement. Always request written lease terms.