Apartment application denied? What to do next
Denied an apartment? Get the adverse action notice and free report, dispute errors, spot reasons NY and NYC law forbid, and build a stronger next application.
7 min read · Updated
If a landlord turned you down based even partly on a credit or screening report, federal law says they must tell you, name the company that made the report, and let you get a free copy within 60 days. Get that copy, fix any errors, check whether the real reason was one New York or NYC law forbids, and then strengthen your next application.
Many denials are lawful: a landlord can set income and credit standards as long as they apply them equally and don't use them to screen out a protected group. But some reasons are illegal in New York, and several are easy to spot once you know them.
Step 1: Find out why
The adverse action notice
"Adverse action" includes a flat denial and also an approval on worse terms, such as requiring a co-signer or charging a larger deposit or higher rent than other applicants. If the decision was based in any part on a consumer report, the landlord must give you a notice (written, oral or electronic) that includes:
- The name, address and phone number of the company that supplied the report.
- A statement that the company didn't make the decision and can't explain it.
- Your right to a free copy of the report if you ask within 60 days.
- Your right to dispute inaccurate or incomplete information.
- If a credit score was used, the score and the key factors that hurt it.
If you got a vague "we went with another applicant," ask in writing whether a screening or credit report played any part, and which company supplied it. The CFPB also suggests asking the landlord what in the report caused the problem, so you can explain it.
Step 2: Get and check the report
- 1
Request the free copy within 60 days
Ask the screening company named in your notice. You can also ask the landlord for the copy they used. In New York, if you paid a check fee, the landlord was already required to give you a copy. - 2
Look for errors
Evictions shown without the final outcome or listed more than once, sealed records, records that belong to someone else, judgments that don’t reflect payments, debts that aren’t yours. - 3
Dispute in writing
Send the dispute to the screening company and to whoever supplied the wrong data. The company generally has 30 days to investigate (sometimes 45).
The full process, including a checklist of what to put in the dispute, is in tenant screening reports: your rights.
Step 3: Check whether the reason was illegal
| Reason given or suspected | Legal? | Rule |
|---|---|---|
| Income below the landlord’s standard, applied to everyone | Generally yes | Landlord’s own criteria |
| Credit history, applied to everyone | Generally yes | But must give an adverse action notice if a report was used |
| You were in a past or pending landlord-tenant (housing court) case | No | RPL § 227-f |
| You pay with Section 8, CityFHEPS, HASA, SSI or other lawful income | No | NY State law; NYC Human Rights Law |
| Criminal history checked before a written conditional offer (NYC) | No | NYC Fair Chance Housing Law |
| Arrests, pending cases, sealed records, or convictions older than the lookback (NYC) | No | Felonies more than 5 yrs and misdemeanors more than 3 yrs after release or sentencing are off limits |
| Immigration or citizenship status, or lawful occupation (NYC) | No | NYC Human Rights Law |
| Race, color, religion, sex, national origin, familial status, disability | No | Federal Fair Housing Act; NY and NYC law add more |
Housing court history
New York landlords may not refuse to rent to you because you were involved in a landlord-tenant case, even one you lost. If a landlord used a screening service or court records and then rejected you, the law presumes the rejection was because of that history, and the landlord has to show otherwise. The Attorney General enforces the rule and can seek a civil penalty of $500 to $1,000 per violation. Complain to the AG at ag.ny.gov/file-complaint or (800) 771-7755. More in housing court records and screening.
Vouchers and other income
Refusing voucher holders, advertising "no vouchers," or refusing to complete program paperwork are all illegal in NYC. The NYC Commission on Human Rights takes reports through 311 (ask for "Human Rights"), at 212-416-0197, or online. See source-of-income discrimination.
Criminal history in NYC
Under the Fair Chance Housing Law, in effect since January 1, 2025, a covered NYC landlord must decide whether you otherwise qualify and make a written conditional offer before running a criminal check. If it then wants to revoke the offer, it must give you a copy of the criminal history it reviewed, give you 5 business days to correct errors or add information, hold the unit open, do an individualized assessment, and explain any revocation in writing. A conviction alone does not justify revoking the offer. Housing with two or fewer units or rooms is exempt when the owner or a family member lives in one of them. See NYC Fair Chance Housing law.
Step 4: Strengthen your next application
If the denial was lawful (income, credit, or simply a stronger applicant), these are the fixes that work in New York:
- Add a guarantor. Landlords commonly ask guarantors to earn about 80 times the monthly rent. Check with the guarantor income calculator, or use an institutional guarantor.
- Add a co-applicant. A roommate's income can count toward the landlord's test if you both sign the lease. Split it fairly with the roommate rent split calculator.
- Aim for a rent that fits 40x. Our 40x rule guide shows the income needed for common rents.
- Fix and explain your credit. Correct errors first, then attach a short factual note about anything negative but accurate. See apartment credit checks.
- Show savings. Bank statements showing several months of rent in reserve can reassure a landlord, especially for freelancers.
Before you apply again
Each new application can mean another check fee (capped at $20, and waived if you bring a report done in the last 30 days) and possibly another hard credit inquiry. The fee waiver only works with a report done within the past 30 days, so if you reapply quickly, offer the copy you already have; if it's older, a fresh report of your own may still save fees across several applications. Then rebuild your packet with the application documents checklist and follow the week-by-week search plan.
Re-checked 2026-10-12: adverse action meaning, 60-day free report, asking the landlord what caused the problem, 30/45-day investigation window, HUD complaints and CFPB line (855) 411-2372 against CFPB 2105; notice contents and score disclosure against FTC landlord guidance; RPL 227-f presumption and $500-$1,000 penalty on nysenate.gov; GOL 7-108 one-month deposit/advance cap; statewide source-of-income ban and AG hotline (800) 771-7755 against the NY AG guide; NYC housing protections for lawful source of income, immigration or citizenship status and lawful occupation against the CCHR law page; CCHR reporting via 311 or 212-416-0197; Fair Chance Housing conditional offer, lookbacks, copy of records, 5 business days, unit held open, individualized assessment, written explanation and the owner-occupied 2-or-fewer-units exemption against CCHR; Fair Housing Act classes against DOJ; 30-day own-report rule against RPL 238-a.
Sources
- What should I do if my rental application is denied because of a tenant screening report? · Consumer Financial Protection Bureau (accessed October 12, 2026)
- Using consumer reports: what landlords need to know · Federal Trade Commission (accessed October 12, 2026)
- Real Property Law § 227-f · New York State Senate (accessed October 12, 2026)
- General Obligations Law § 7-108 · New York State Senate (accessed October 12, 2026)
- Residential Tenants’ Rights Guide · New York State Attorney General (accessed October 12, 2026)
- Fair Chance Housing · NYC Commission on Human Rights (accessed October 12, 2026)
- Source of income discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
- Real Property Law § 238-a · New York State Senate (accessed October 12, 2026)
- The NYC Human Rights Law: protected categories · NYC Commission on Human Rights (accessed October 12, 2026)
- The Fair Housing Act · U.S. Department of Justice, Civil Rights Division (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.