How to Screen Tenants in NYC Without Getting Sued: A Bronx Landlord's Checklist

Screening tenants is one of the most important things you do as a landlord — and one of the easiest ways to get into legal trouble if you do it wrong. In New York City, fair housing laws are strict, enforcement is serious, and mistakes can cost you thousands in fines or lawsuits. This checklist will walk you through how to screen tenants legally, efficiently, and effectively in the Bronx and surrounding NYC boroughs.

Step 1: Set Written Screening Criteria Before You List

Before you show the unit to anyone, write down your screening criteria. This should include: minimum income (typically 40–45x the monthly rent), credit score threshold, rental history requirements, and any criminal background policy. Having these in writing protects you from discrimination claims. Apply them identically to every applicant — no exceptions.

Step 2: Know What You Cannot Ask or Use in NYC

New York City has some of the strongest tenant protections in the country. Under the NYC Human Rights Law, you cannot discriminate based on source of income — meaning you cannot refuse Section 8 voucher holders. You also cannot use an arrest record (without conviction) as grounds for denial. NYC bans consideration of certain criminal history under the Fair Chance for Housing Act. When in doubt, consult an attorney before denying an applicant based on background.

Step 3: Use a Consistent Written Application

Every applicant must fill out the same written application. Collect: full legal name, current and prior addresses, employment history and income documentation (pay stubs, tax returns, or offer letter), references from prior landlords, and authorization to run a credit and background check. Never rely on verbal information — document everything.

Step 4: Run Credit and Background Checks Legally

Use a compliant tenant screening service — SmartMove (by TransUnion) and RentSpree are widely used in NYC. Always get written authorization from the applicant before pulling their credit. In New York, you can charge an applicant a screening fee of no more than $20, and you must provide a receipt. If you deny the applicant based on a credit report, you are required by federal law (FCRA) to send an adverse action notice with the name of the reporting agency.

Step 5: Verify Income Independently

The standard NYC landlord formula: gross monthly income should be at least 40x the monthly rent. For a $2,000/month apartment, that means the applicant needs to earn at least $80,000/year. Verify with two recent pay stubs plus an employment verification letter. For self-employed applicants, request the last two years of tax returns. Accept Section 8 vouchers — refusal is illegal in NYC.

Step 6: Call Prior Landlords — the Right Way

Prior landlord references are gold. Call the landlord directly — not just the number the applicant gives you. Ask: Did they pay rent on time? Did they take care of the unit? Would you rent to them again? Any eviction filings? Keep notes. If you cannot reach a prior landlord, that is a yellow flag worth following up on.

Step 7: Document Your Decision

Whether you approve or deny an applicant, write down your reason based on your pre-set criteria. 'Did not meet income requirement' or 'credit score below threshold' are defensible. 'Didn't feel right' is not. Keep all applications and decision notes for at least three years in case of a fair housing complaint.

Quick Reference Checklist

☐ Written screening criteria set before listing ☐ Consistent written application for all applicants ☐ Written authorization before credit/background check ☐ Screening fee receipt provided (max $20 in NY) ☐ Income verified at 40x+ monthly rent ☐ Prior landlord references called directly ☐ No discrimination based on source of income ☐ Criminal background reviewed per NYC Fair Chance rules ☐ Adverse action notice sent if denied based on credit ☐ Decision documented with specific criteria-based reason

Bottom Line

Good tenant screening protects your income, your property, and your legal standing. The process takes time upfront but saves you months of headaches — and potentially thousands in legal fees — down the road. If you would rather have a professional handle screening, lease preparation, and compliance for you, DoryAngel LLC manages residential properties across the Bronx, Queens, Yonkers, Mount Vernon, and New Rochelle. Flat-fee management starting at $99/unit/month. Book a free consultation at doryangel.com.