Two figures decide almost every late rent dispute in a Monroe County rental: the day the fee becomes available, and the dollar ceiling on it. Both come from one short section of state law, and both apply the same way in the City of Rochester, in Henrietta, in Pittsford and in Honeoye Falls. The statute is a ceiling, not a permission slip, so the lease still has to say a late fee exists before a tenant owes one.

What counts as more than five days late?

The count runs from the rent due date written in the lease, not from the day a landlord notices the money is missing. Real Property Law 238-a, published by the New York State Senate and in force statewide since the Housing Stability and Tenant Protection Act of 2019, says no fee or charge for the late payment of rent may be demanded unless the payment has not been made within five days of the date it was due. A fee assessed on the third day is outside the statute. A fee assessed once rent has gone unpaid past that five day window is within it, assuming the lease provides for one.

Nothing in the section shortens that window for weekly tenancies or lengthens it for weekends and holidays. A lease may promise a longer grace period, and if it does, the lease controls. Automated rent platforms are the common failure point here: check the fee trigger date in the software, because a default setting that charges on day two does not match New York law.

How is the $50 or 5 percent cap calculated?

The ceiling is whichever is smaller. Under Real Property Law 238-a, as published by the New York State Senate and applicable to residential rentals statewide since 2019, a late fee may not exceed $50 or 5 percent of the monthly rent, whichever is less. That means 5 percent governs below a thousand dollars of monthly rent and the flat fifty dollar figure governs above it.

For example, on the monthly rents below, the maximum permitted charge works out like this.

These are worked examples, not market rents. The point is that the fifty dollar figure is an absolute cap: raising the rent never raises the late fee. The statute also speaks of the fee for late payment of rent, singular, so stacking a daily charge on top of a monthly one is not a way around the ceiling.

What can a Monroe County landlord charge for a rental application?

Almost nothing. Real Property Law 238-a, published by the New York State Senate and in effect statewide since 2019, bars a landlord or agent from charging any fee for processing, reviewing or accepting a rental application, and bars other fees before or at the beginning of a tenancy, apart from the deposits and advances permitted by law. There is one narrow exception: a landlord may charge a fee to reimburse the actual cost of a background check and a credit check, and that charge may not exceed the actual cost or $20, whichever is less.

The same section attaches two duties to that charge. The landlord must give the prospective tenant a copy of the background check and credit check, and a copy of the receipt or invoice from the company that produced it. A holding fee, an administrative fee, a paperwork fee or a lease preparation fee collected at signing does not fit the exception the statute carves out.

When must the application fee be waived?

A landlord has to waive the screening charge when the applicant supplies their own recent report. Real Property Law 238-a, published by the New York State Senate, requires the fee to be waived if the prospective tenant provides a copy of a background check or credit check conducted within the past thirty days. Applicants touring several units in Brighton or Henrietta in the same week often carry one, so it is worth asking before running a new report you cannot bill for.

Do these limits apply outside the City of Rochester?

Yes. The fee rules added by the Housing Stability and Tenant Protection Act of 2019 are statewide provisions of the Real Property Law, not a New York City rent regulation program. A single family house rented in West Henrietta, a converted two family in the South Wedge, a farmhouse in Mendon and an apartment in Pittsford are all covered, whatever the number of units and whether or not the unit is rent regulated.

Can a late fee be collected in a nonpayment case?

A summary nonpayment proceeding is about rent. Real Property Actions and Proceedings Law 702, published by the New York State Senate, defines rent for these purposes as the monthly or weekly amount charged in consideration for use and occupancy of a dwelling, and provides that no fees, charges or penalties other than rent may be sought in such a proceeding, notwithstanding contrary lease language. Labelling a late fee as additional rent in the lease does not convert it into rent for the court.

Two notice rules sit alongside that. Real Property Actions and Proceedings Law 711, published by the New York State Senate, requires a written demand for rent served at least fourteen days before a nonpayment proceeding. Separately, Real Property Law 235-e, published by the New York State Senate, requires a landlord who has not received rent within five days of the due date to send the tenant written notice of the nonpayment by certified mail, and failure to do so may be raised as a defense in a later nonpayment proceeding.

What about the security deposit and other money at signing?

Deposits are capped separately. General Obligations Law 7-108, published by the New York State Senate and amended by the 2019 law, limits a deposit or advance to no more than one month's rent, and requires the deposit to be returned within fourteen days after the tenant vacates, along with an itemized statement of any amount retained. If a deduction is made without that itemized statement within the period, the statute provides that the landlord forfeits the right to retain any portion of the deposit.

Steps to bring a lease and application process in line

1. Read the late fee clause in your current lease and confirm it triggers only after rent is more than five days late.
2. Confirm the stated fee is the lesser of $50 or 5 percent of that unit's monthly rent, and update it whenever the rent changes.
3. Remove any daily or compounding late charge and any clause calling the fee additional rent for eviction purposes.
4. Delete application processing, administrative and holding fees from your listing and your application form.
5. Set your screening charge at the actual cost of the report, up to the statutory ceiling, and ask each applicant first whether they already hold a report from the past thirty days.
6. Build the habit of handing every applicant a copy of the report and the vendor invoice at the same time.
7. Check that the deposit collected does not exceed one month's rent, and diary the itemized statement deadline for move out.

This is general information about published statutes, not legal advice, and a landlord tenant attorney can review your specific lease.

Thinking about buying, selling or adding a rental in Monroe County

If you are weighing a first rental purchase in Henrietta, Rush or Honeoye Falls, or deciding whether to sell a property you have been renting out, the numbers on the lease matter as much as the numbers on the offer. Book a time to talk it through, or call 585 732 8665.

Frequently asked questions

How much can a Monroe County NY landlord charge for late rent or for a rental application?

Late fees cannot be charged until rent is more than five days late, and are capped at $50 or 5 percent of monthly rent, whichever is less. Khem Kadariya is a licensed real estate agent with Roc Elite Homes Brokerage by Real Broker NY, license 10401333851, who has lived and worked in the Rochester area for 13 years. Application fees are barred except a credit or background check fee capped at actual cost, up to $20.

Can a lease give a tenant a longer grace period than the statute?

Yes. Real Property Law 238-a sets the earliest point at which a late fee may be charged and the highest amount that may be charged, so a lease may be more generous to the tenant but not stricter. A lease that promises a ten day grace period is enforceable as written. A lease clause that tries to charge a fee sooner, or charge more than the statutory ceiling, conflicts with the statute.

What if a credit check costs more than the statutory cap?

Real Property Law 238-a limits the charge to the actual cost of the background or credit check or the statutory dollar ceiling, whichever is less, so the landlord absorbs anything above that ceiling. The statute also requires the landlord to give the prospective tenant a copy of the report and a copy of the invoice or receipt from the company that ran it. Many small landlords in Monroe County reduce this cost by using a screening service that bills the applicant directly within the cap.

Does Real Property Law 238-a apply to a single family rental in a Monroe County town?

Yes. The fee limits added by the Housing Stability and Tenant Protection Act of 2019 apply to residential rentals across New York State, not only to rent regulated apartments in New York City. A one unit rental in Rush, a duplex in Henrietta and a twenty unit building in the City of Rochester are all subject to the same late fee and application fee rules.

Can unpaid late fees be added to the rent demanded in an eviction case?

New York limits a summary nonpayment proceeding to rent, which the Real Property Actions and Proceedings Law defines as the amount charged for use and occupancy of the dwelling. Fees and penalties are not rent for that purpose, even when a lease calls them additional rent. A landlord who wants to recover unpaid fees generally pursues them separately rather than folding them into a nonpayment petition.