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New York Late Fee Law

Summary of New York Real Property Law section 238-a · Last checked November 1, 2026

Who the law covers

Under N.Y. Real Prop. Law § 238-a, the section applies in relation to a residential dwelling unit.

Statute text

Limitation on fees. In relation to a residential dwelling unit:

When a late fee may be charged, and how much

Under N.Y. Real Prop. Law § 238-a(2), a landlord may not demand any payment, fee, or charge for the late payment of rent unless the rent has not been paid within five days of the date it was due, and the payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less.

Statute text

No landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within five days of the date it was due, and such payment, fee, or charge shall not exceed fifty dollars or five percent of the monthly rent, whichever is less;

Cooperative housing

Under N.Y. Real Prop. Law § 238-a(2), a cooperative housing corporation, other than one subject to article two, four, five or eleven of the private housing finance law, may charge a tenant who is a dwelling unit owner or shareholder a fee of up to eight percent of the monthly maintenance fee for its late payment, if the proprietary lease or occupancy agreement provides for that fee.

Statute text

provided a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, shall be permitted to charge a tenant that is a dwelling unit owner or shareholder of such cooperative housing corporation a fee of up to eight percent of the monthly maintenance fee for the late payment of the monthly maintenance fee if the proprietary lease or occupancy agreement provides for such fee.

Lease terms that waive the section

Under N.Y. Real Prop. Law § 238-a(3), any provision of a lease or contract waiving or limiting the provisions of the section is void as against public policy.

Statute text

Any provision of a lease or contract waiving or limiting the provisions of this section shall be void as against public policy.

City and county rules

This page covers statewide law only. Some cities and counties have their own late fee rules, and this page does not list them. Check with your city or county.

Official sources

Last checked November 1, 2026

About this page

This page is general information about New York law from Deedhold LLC, which operates DeedVault. It is not legal advice, it is not a substitute for the advice of an attorney, and reading it does not create an attorney-client relationship. Deedhold LLC is not a law firm and does not practice law.

We wrote each summary from the official statute text linked beside it and last checked the page on November 1, 2026. The statute, not this summary, is the law. Statutes are amended, courts interpret them, and cities, counties and lease terms can add requirements this page does not cover. We may not learn of a change right away, and we remove any page we have not re-checked within 7 months.

This page is provided as is, without any warranty that it is complete, current, or right for your situation. Do not rely on it alone for a decision about a late fee, a tenant, or a dispute. Check the official sources linked on this page, or consult an attorney licensed in New York.

Found an error? Email [email protected]. We will review the page and take it down while we do if needed.

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