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Tenant rights

Can landlords reject you for a past Housing Court case?

No. New York RPL 227-f bars landlords from refusing to rent over a past or pending Housing Court case. How the law works, recent cases and how to report it.

7 min read · Updated

No. In New York a landlord may not refuse to rent to you because you were in a past or pending case with a landlord, whether you were sued for rent, fought an eviction or sued to get repairs done. If a landlord pulls court records or a screening report that shows those cases and then turns you down, the law presumes the landlord broke it.

The rule is Real Property Law § 227-f, added by the Housing Stability and Tenant Protection Act of 2019. The New York Attorney General enforces it, and you can report a violation online. This guide explains what the law covers, what it doesn't, and how to protect yourself when you apply.

At a glance

Law
RPL § 227-f
In force since 2019
Covers
Past and pending cases
Landlord-tenant actions and summary proceedings
Presumption
Records checked + denial = violation
Landlord must rebut it
Penalty
$500 to $1,000
Civil penalty per violation, paid to the State
Report to
NY Attorney General
ag.ny.gov/tenant-blacklisting-complaint

What the law says

RPL § 227-f has two parts:

  1. The ban. No landlord of residential premises may refuse to rent or offer a lease to someone because that person was a party to a past or pending landlord-tenant action or summary proceeding (the type of case brought in Housing Court).
  2. The presumption. If a landlord asked a tenant screening company for information about you, or looked up court records about you, and then refused to rent to you, the law presumes the landlord violated the section. The landlord can try to rebut that, for example by proving you were turned down for a lawful, independent reason.

The Attorney General can sue in state Supreme Court for an injunction and a civil penalty of $500 to $1,000 for each violation. The statute names the Attorney General as its enforcer, so reporting to that office is the main route.

What landlords may and may not do

Screening under New York law
Allowed?
Reject you because a screening report lists a Housing Court case
Ask “Have you ever been evicted?” on an applicationAttorney General required one landlord to remove it
Look up your Housing Court historyNot banned outright, but triggers the presumption if you are denied
Reject you for income below its written standard, applied to everyone
Charge more than $20 for a credit or background check
Demand a “good faith” holding deposit on top of the $20 fee while you applyAttorney General found this violated RPL 238-a
Charge the fee without giving you a copy of the report and invoice

The Attorney General goes further than the statute in its advice to landlords: don't request a prospective tenant's court records or rental histories at all, and stop using screening companies that still supply them.

What enforcement looks like

  1. 2019

    Law takes effect

    RPL 227-f is added by the Housing Stability and Tenant Protection Act.
  2. October 3, 2025

    Parkchester settlement

    The Attorney General found a Bronx manager sent denial letters showing it reviewed housing court records. It agreed to end the policy, let denied applicants reapply, remove “Have you ever been evicted?” and similar questions, post a compliance statement and train staff.
  3. 2026

    Brooklyn High Rise settlement

    The Attorney General found a Brooklyn landlord received landlord-tenant records in screening reports from July 2019 to September 2025 and illegally denied 203 applicants with court records. The same agreement found it illegally demanded $500 to $750 “good faith deposits” on top of the $20 fee, and set $352,250 in civil penalties and restitution, including a $100,000 suspended portion.

These are settlements (called Assurances of Discontinuance), not court judgments. They show the kinds of evidence the Attorney General relies on: denial letters, application questions and the screening reports themselves.

How to tell if it happened to you

  • The denial letter or email mentions "housing court," "landlord-tenant records," "eviction history" or "rental history."
  • The application asked whether you have ever been evicted or sued by a landlord.
  • The screening report lists a Housing Court case and the landlord gave no other reason, or the reason doesn't hold up (for example, you meet the income rule).
  • The leasing agent told you on the phone that "the court record" was the problem.

Under the federal Fair Credit Reporting Act, a landlord that turns you down based on a screening report must give you an adverse action notice naming the screening company and explaining your right to a free copy within 60 days. That copy is your best evidence. See tenant screening reports: your rights for the full process.

How to report a violation

  1. 1

    Save everything

  2. 2

    Get the screening report

  3. 3

    Ask why you were denied

  4. 4

    File with the Attorney General

  5. 5

    Fix errors at the source

You can also call the Attorney General's help line at 1-800-771-7755. Filing doesn't mean the Attorney General will act for you personally, and the office can't give legal advice. For your own claim, contact a lawyer or legal services provider.

Related protections you may also have

  • Application fee cap. A landlord may charge no more than $20 for a background or credit check and must waive it if you bring your own check from the last 30 days. See the $20 cap explained or use the application fee checker.
  • Criminal history. NYC's Fair Chance Housing law limits when and how landlords can consider criminal records. See Fair Chance Housing.
  • Source of income. In NYC it's illegal to reject you for paying with a voucher or other lawful income. See source-of-income discrimination.
  • Discrimination. If you think a denial was based on race, disability, family status or another protected class, see housing discrimination in NYC.

What to do if you're applying now

Don't lie on an application, but you don't need to volunteer an old Housing Court case either. If asked, you can say New York law bars landlords from considering it. Lead with what landlords may lawfully weigh: income, a guarantor if needed, and references. Use the rental application documents checklist to have everything ready, and if you are still turned down, read apartment application denied? What to do next.

Fact-checked October 12, 2026

Prohibition, rebuttable presumption and $500–$1,000 per-violation civil penalty from RPL 227-f text (last revised 2019-07-19). Complaint form contents, phone 1-800-771-7755 and the note that the AG cannot represent individuals from the OAG complaint page. Parkchester terms from the Oct. 3, 2025 OAG release; Brooklyn High Rise findings (203 applicants denied July 15, 2019–Sept 5, 2025; $500–$750 holding deposits found to violate RPL 238-a; $352,250 monetary relief) read directly from the 2026 AOD PDF. $20 screening fee and copy-of-report rule from the OAG tenants’ rights guide. FCRA adverse action and dispute timelines from CFPB. Re-verified 2026-10-12: all of the above re-read; AOD No. 26-054 total of $352,250 includes a $100,000 suspended payment (now stated); 30-day self-provided check waiver from OAG guide.

Sources

  1. Real Property Law § 227-f · New York State Senate (accessed October 12, 2026)
  2. Tenant Blacklisting Complaint · Office of the New York State Attorney General (accessed October 12, 2026)
  3. Attorney General James Stops Bronx Landlord from Illegally Blacklisting Tenants (Oct. 3, 2025) · Office of the New York State Attorney General (accessed October 12, 2026)
  4. Brooklyn High Rise LLC Assurance of Discontinuance (2026) · Office of the New York State Attorney General (accessed October 12, 2026)
  5. Residential Tenants’ Rights Guide · Office of the New York State Attorney General (accessed October 12, 2026)
  6. What should I do if my rental application is denied because of a tenant screening report? · Consumer Financial Protection Bureau (accessed October 12, 2026)
  7. Changes in New York State rent law (Housing Stability and Tenant Protection Act of 2019) · Office of the New York State Attorney General (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.

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