What You'll Learn From This Post
- Which fees your NYC landlord can legally charge, and the exact dollar caps
- The specific fees that are flat-out illegal under HCR Fact Sheet #44 and the FARE Act
- The five scams landlords are running right now to get around the bans
- What to do if you've been overcharged
I'm at Toad Style at 93 Ralph Ave in Bed-Stuy (the kung fu-themed vegan spot) trying to decide between the Sunshine Burger and the BBQ Jackfruit Sandwich when my friend Nadia walks in with a stack of papers and a face like someone just told her brunch is canceled forever.
I met Nadia at a They Might Be Giants show a couple years back. She works with senior citizens, talks to her cat like a therapist, and loves this place. She drops the papers between our fried pickles.
"Can you explain what a 'technology fee' is? Because my landlord just added one and nobody in my building knows what it pays for."
I look at the renewal. Technology fee: $45 a month. Administrative fee: $30. Amenity package: $75. None of these on her current lease.
"You know Five Deadly Venoms?" I say. "The old kung fu flick this place is named after?"
She gives me the look you give someone who answers a rent question with a movie reference.
"This place is named after a movie?"
"Wu-Tang built half their lore on this one. Five fighters, five styles. Centipede, Snake, Scorpion, Lizard, Toad. You can only beat them if you know how each one fights." I push the fried pickles toward her. "Anyway, there are five styles of landlord fees, too."
Here's what I told her.
⚖️ The Rules of the Arena
HCR Fact Sheet #44 is the cheat sheet. If you're rent-stabilized (not sure? here's how to find out), this lists every fee your landlord can collect. If it's not on this list, it's not legal. Period.
Application/background check: $20 per applicant max, under Real Property Law 238-a. Charged more? Recoverable, with treble damages if the overcharge was willful.
Late fees: Lesser of $50 or 5% of monthly rent. Has to be in your initial vacancy lease. Can't be invented mid-tenancy. And those "preferential rent" deals where you pay less if you're on time but the rent jumps if you're late? Prohibited.
Bounced check fees: Capped at the greater of $20 or what the landlord's bank actually charged them, per Assembly Bill A56, effective October 16, 2025. Has to be in your lease.
That's the list. Anything else? That's your landlord going off-book.
But first, the fees that are flat-out illegal.
Background checks on existing tenants or roommates. Renewing your lease? They can't charge you again.
Pet deposits for service animals. Fair Housing Act. Federal law.
AC surcharges if you pay your own electric. Banned since 2022.
Damage, painting, and cleaning fees billed separately. Can't invent them. They come out of your security deposit, which has its own rules.
New ones show up every lease cycle. Your landlord didn't invent a fee. He rebranded the one the city just banned, because that's what makes it so damn profitable.
Every time a tenant hands me a renewal with three new "fees," my soul does that thing where it tries to leave my body but gets stuck around my collarbone, which is how I met my chiropractor, who just added a "wellness portal access fee" to her invoice.
🥋 The Five Styles
For decades, the broker fee scam worked like this: your landlord hires a broker, who does maybe twenty minutes of work. You pay the broker 12 to 15 percent of your annual rent for the privilege of renting a place the landlord needed to fill anyway. On a $2,400/month apartment, that's $3,456 to $4,320 at signing for a service you didn't request.
The FARE Act killed that in June 2025. Whoever hires the broker pays the broker. Since then, DCWP has fielded over 1,600 complaints and issued 53 summonses. As of March 2026, only two brokers have actually refunded fees, totaling about $7,000 in restitution. REBNY sued. Lost twice. Oral arguments at the Second Circuit, November 2025. No ruling as of April 2026. Law's still in full effect.
So the old scam is dead. Here are the five that replaced it.
🐍 The Snake strikes from concealment. "Management fees," "administrative fees" that appeared on listings the week after the FARE Act killed broker fees. Same venom, new skin. If they smell like broker fees with a new label, DCWP will treat them like broker fees.
🦂 The Scorpion paralyzes with a small sting. Three dollars per online rent payment. Doesn't sound like much until the building kills every other payment method. No mail slot, no office, just the app and the fee. That's the kind of complaint the Rental Ripoff hearings are collecting now.
🦎 The Lizard evades. The Good Cause Eviction law caps rent increases for covered market-rate tenants at 8.79% right now. Your landlord can't raise rent from $2,400 to $2,700 without proving actual costs to a judge. So rent stays at $2,400. But now your renewal has a $75 amenity fee, a $45 technology fee, and a $30 administrative fee. New monthly total: $2,550. Technically the "rent" didn't go up past the cap. The Lizard doesn't fight you head-on. It moves the money around.
Nadia paused mid-pickle. "So my rent went up but the rent didn't go up."
"Now you're getting it."
🐛 The Centipede hits fast and many times at once. Technology fee + administrative fee + amenity package. Three new charges on one renewal that didn't exist on the last lease. That's Nadia's landlord. Speed and volume. Hoping you'll just sign.
🐸 The Toad has iron skin. Mandatory amenity packages: $100/month for a gym and rooftop you've never used. No specific prohibition for market-rate tenants right now. Looks unkillable. But the Toad has one weak spot: if you're rent-stabilized and that fee wasn't in your original lease, it's probably an overcharge. The Mamdani administration's junk fee task force (Executive Order 9) is going after the rest.
🎯 What to Do
Rent-stabilized and your landlord added fees not in your original lease? File an overcharge complaint with DHCR using Form RA-89. DHCR investigates. If the fees weren't lawful, they order a rent reduction and refund every dollar you overpaid. Willful overcharges mean treble damages, three times what you were charged. Borough rent offices handle these by appointment. More on overcharge claims on my services page.
Paid a broker fee after June 2025? File with DCWP. The FARE Act also gives you a private right of action, meaning you can sue directly. One caveat: DCWP restitution or private lawsuit, not both. Pick the one that gets you more money.
Not sure if a fee is legal? Start with Fact Sheet #44. If the fee isn't on the list and you're stabilized, it's probably not legal. Document everything: receipts, screenshots, every text and email. Check HPD Online for existing violations on your building. My Kings County Housing Court guide covers what to expect at 141 Livingston if it gets that far.
Nadia was staring at her renewal like she was reading it for the first time. Which, in a way, she was.
"So what style are you dealing with?" I asked.
She looked back at the renewal and pointed at the three stacked fees. "Centipede. Speed and volume."
"And you're rent-stabilized?"
"Since 2019."
"Then none of those fees were in your original vacancy lease. File an overcharge complaint with DHCR. Three fees that didn't exist on your last lease? That's recoverable. Willful overcharge means treble damages."
She folded the papers and put them in her bag. The cat was gonna hear about this.
If your landlord is charging fees that aren't on Fact Sheet #44, that's not a gray area. That's money you might be able to get back. Visit my intake page and fill out the landlord tenant questionnaire and email your lease to me and I'll get back to you in 48 hours (not including weekends, cuz c'mon).
FAQ
Q: Can my landlord charge a pet deposit in NYC?
Not for a service animal or emotional support animal. Fair Housing Act. For other pets, rent-stabilized landlords can't charge pet deposits. Security deposit is capped at one month's rent regardless, under HSTPA 2019. Market-rate landlords have more flexibility but one month is still the statewide max.
Q: Is the $3 online rent payment fee legal?
No specific statute banning it yet. But if your building killed every other payment method, the "convenience" fee is now mandatory. The city's junk fee task force is investigating. Document the fee and the lack of alternatives.
Q: What if my landlord charges a fee not on Fact Sheet #44?
If you're rent-stabilized, file an overcharge complaint with DHCR using Form RA-89. Unlawful fees get refunded. Willful overcharges can mean treble damages. Not sure if a fee is legal? That's literally what I do. Get in touch.
This is general legal information, not legal advice for your specific situation. Every apartment is different. If you're facing a rent dispute, consult with an attorney who can review your actual circumstances.
