Free New York Landlord Adverse-Action Notice
New York adverse-action notice combining federal FCRA §615 + NY GBL §380 + HSTPA (2019) + NYC Local Law 24 of 2024. NY HSTPA bars use of eviction filings without judgments (tenant blacklist), caps security deposits at 1 month, and includes source-of-income protections. NYC adds Fair Chance for Housing for criminal history.
Free New York Landlord Adverse-Action Notice — overview
⚠ New York Imposes Multiple Layered Requirements
NY rental adverse-action decisions are governed by THREE overlapping legal frameworks: (1) federal FCRA §615 (CRA disclosures, dispute rights); (2) NY GBL §380 et seq. (supplemental NY consumer-reporting protections); (3) NY HSTPA (2019) + NYC Local Laws — including the “tenant blacklist” prohibition (eviction filings without judgments can NOT be used) and source-of-income protections. NYC adds Local Law 24 of 2024 Fair Chance for Housing (criminal-history restrictions). This NY-specific form covers all layers.
A New York Landlord Adverse-Action Notice is a New York-specific adverse-action notice combining federal FCRA §615 requirements with NY GBL §380 supplemental disclosures, HSTPA (2019) tenant-blacklist prohibitions, and NYC Local Law 24 of 2024 Fair Chance for Housing protections.
Generate the Letter
Complete the fields below to generate a NY-compliant adverse-action notice. This form combines federal FCRA §615 disclosures with NY GBL §380 supplemental requirements, HSTPA tenant-protection language, and (where applicable) NYC Fair Chance for Housing disclosures.
NY’s layered protections: Federal FCRA sets the floor; NY GBL §380 adds supplemental consumer-reporting protections; HSTPA (2019) added tenant-blacklist and source-of-income protections; NYC Local Law 24 of 2024 restricts criminal-history use. All four layers apply to NY adverse-action decisions.
1. Letter Header (From / To)
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⚠ NY Imposes Additional Requirements Beyond FCRA
New York General Business Law (GBL) §380 et seq. supplements federal FCRA with additional disclosure requirements for New York rental decisions. NYC also has the Fair Chance for Housing Act (Local Law 24 of 2024) restricting use of criminal history. Additionally, NY Tenant Protection Act of 2019 (HSTPA) prohibits use of eviction filings (vs judgments) in screening for residential tenancies — the “tenant blacklist” prohibition. Always provide BOTH FCRA §615 disclosures AND any NY supplementary disclosures.
⚠ NY HSTPA Security Deposit Cap
Under NY HSTPA (2019), residential security deposits CANNOT exceed 1 month’s rent. Requiring a larger deposit as a “condition” violates HSTPA. If you would otherwise impose a larger deposit, consider requiring a cosigner instead (also an adverse action — disclose accordingly).
⚠ NY HSTPA — Eviction Filings vs. Judgments
Under NY HSTPA (2019), landlords CANNOT base adverse-action decisions on eviction FILINGS where no judgment was entered (“tenant blacklist” prohibition). Eviction JUDGMENTS may be considered. Verify the source data before relying on eviction history.
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About the New York Landlord Adverse-Action Notice
New York imposes multiple overlapping requirements on rental adverse-action decisions. Federal FCRA §615 (15 USC §1681m) requires the standard CRA disclosures and dispute rights. NY General Business Law §380 et seq. supplements with additional consumer-reporting protections specific to New York. NY Tenant Protection Act (HSTPA, 2019) added critical protections: (1) the “tenant blacklist” prohibition — landlords cannot base adverse decisions on eviction FILINGS where no judgment was entered; only eviction JUDGMENTS may be considered; (2) security deposit cap of 1 month’s rent for residential tenancies; (3) source-of-income protections — Section 8 vouchers, HASA, HRA, SSI, SSDI cannot be the basis for adverse decisions. NYC adds Local Law 24 of 2024 (Fair Chance for Housing Act) which restricts use of criminal-history information: individualized assessment is required, lookback periods are limited, and blanket criminal-history exclusions are prohibited. Failure to comply with these layered requirements exposes the landlord to FCRA federal liability, NY GBL §380 state liability, NY Division of Human Rights complaints, and (in NYC) Commission on Human Rights complaints — each with potential damages, attorney fees, and injunctive relief.
Key Requirements
- Federal: FCRA §615 (15 USC §1681m) base requirements
- State: NY GBL §380 et seq. supplemental consumer-reporting protections
- NY HSTPA (2019): tenant blacklist prohibition (eviction filings without judgments cannot be used)
- NY HSTPA: security deposit capped at 1 month’s rent
- NY HSTPA: source-of-income protections (Section 8, HASA, HRA, SSI, SSDI)
- NYC: Local Law 24 of 2024 Fair Chance for Housing (criminal-history restrictions)
- NYC HRC + NY DHR enforcement; FCRA federal liability + NY GBL state liability
Common Mistakes
- Using eviction FILINGS (without judgments) as basis — HSTPA tenant-blacklist violation
- Requiring security deposit > 1 month’s rent — HSTPA violation
- Denying based on Section 8 voucher — source-of-income discrimination
- NYC blanket criminal-history exclusion — Local Law 24 violation
- Using only federal FCRA template (missing NY supplemental disclosures)
- Not providing NYC individualized criminal-history assessment
- Failing to consult NY-specific counsel for high-value tenancies
Best Practices
- Use NY-specific template with all four layers (FCRA + GBL + HSTPA + NYC Fair Chance)
- Verify eviction data source before relying (judgments only, not filings)
- Respect 1-month SD cap — use cosigner instead of larger deposit
- Source-of-income neutral language in all decisions
- NYC criminal-history: individualized assessment, lookback limits, written documentation
- Retain copy 6+ years for HSTPA/GBL claims
- Consult NY counsel for any complex denial or NYC criminal-history decision
Make screening decisions with full information
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⚖ Legal Disclaimer
This letter template is provided for general informational purposes only and does not constitute legal advice. Federal FCRA (15 USC §1681 et seq.) requirements apply to all adverse-action notices based on consumer reports. State equivalents (CA CCRAA/ICRAA, NY GBL §380, others) impose additional requirements in some jurisdictions. For NY guidance, visit NY Division of Human Rights and NYC Commission on Human Rights. Federal: CFPB. Consult a qualified attorney before relying on this template for any adverse-action decision.
