New York · Late Fees

Late Fees requirements in New York

Late fees capped at $50 or 5% of monthly rent — whichever is less. Cannot be charged before the 5-day grace period; cannot compound.

State NY Real Prop. Law § 238-a(2) Effective 6/14/2019

Late Fee Cap (NY)

Summary

Late fees capped at $50 or 5% of monthly rent — whichever is less. Cannot be charged before the 5-day grace period; cannot compound.

Details

Must be disclosed in writing in the lease. Fees in excess of statutory cap are unenforceable and may be recovered.

Penalties & Enforcement

Tenant counter-claim; lease provision unenforceable.

Enforced by: Civil court

Source

https://www.nysenate.gov/legislation/laws/RPP/238-A