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New to Brooklyn

Renting an apartment

How apartment hunting works in Brooklyn, which fees and deposits are legal, how to check a building, and where to get help.

11 min read

Most newcomers to Brooklyn rent. Renting here is fast, document-heavy and regulated by a mix of city and state rules that change fairly often. This chapter explains how the process works, who pays which fees, how to check whether an apartment is rent stabilized, and where to get help if something goes wrong. It is general information, not legal advice.

  • June 11, 2025Date the NYC FARE Act took effect, limiting broker fees charged to tenants by landlords' agents
  • $20State cap on application and background check fees
  • 1 monthState cap on security deposits (including advance payment)
  • 14 daysTime for a landlord to return the deposit or send an itemized list of deductions after move-out
  • 0%RGB increase for 1- and 2-year rent-stabilized leases starting Oct. 1, 2026 to Sept. 30, 2027

Figures are current as of October 2026 on the cited official pages; rules and amounts can change, so confirm them on the official pages before you sign anything.5,13,14,15

How apartment hunting works

Most Brooklyn rentals are advertised online by landlords, management companies or real estate agents. You contact the listing agent, book a viewing (often in person, sometimes by live video), and then apply. In a tight market, good apartments can be taken within days, so many people bring their documents to the viewing. The usual order is: view, apply with documents and a small application fee, wait for approval, pay a deposit and first month's rent, then sign the lease and collect the keys.16

Apartments can be rent-stabilized (regulated), unregulated market-rate, or part of an affordable housing lottery. A co-op or condo rental is subject to the building's own approval process on top of the landlord's. Always ask which type of apartment and building you are looking at, because it affects your rights.

The FARE Act and broker fees

The Fairness in Apartment Rental Expenses (FARE) Act, Local Law 119 of 2024, took effect on June 11, 2025. Under it, a landlord's agent, including a listing agent who advertises with the landlord's permission, cannot charge the tenant a broker fee. The landlord is responsible if the agent does. Landlords also cannot require you to use a particular agent. If you choose to hire your own broker to search for you, you can still pay that broker's fee.5

Fees that are allowed must be clearly shown in every advertisement or listing, and before you sign a lease you must be given an itemized written disclosure of all fees, which you sign. The landlord or agent must keep the signed copy for three years and give you a copy. The city's Department of Consumer and Worker Protection enforces the rule, and you can file a complaint through its online form with texts, screenshots and receipts as evidence. The page describes civil penalties and possible restitution; the exact amounts are in the city's rules.5

Fees and deposit caps under New York law

Key state-law limits for rentals13,6
ItemRuleNotes
Security depositNo more than one month's rent, including any advance payment; no extra last-month's rent in advanceApplies to any apartment, including rent-stabilized; the cap cannot be avoided by asking a guarantor or a third party for more
Return of depositWithin 14 days of move-out, with an itemized list of any deductionsIf no itemized list is sent on time, the full deposit must be returned; deductions are limited to specified items such as unpaid rent or damage beyond normal wear
Application / background check fee$20 at most, or the actual cost if lowerThe landlord must give you a copy of the check and invoice; you may supply your own check if completed in the past 30 days
Late feeThe lesser of $50 or 5% of monthly rent, and only after a five-day grace periodThe landlord must send written notice each time
Rent increase notice (unregulated units)Written notice for increases of 5% or more: 30, 60 or 90 days depending on how long you have lived there or your lease termIf notice is missing or late, you can stay at the current rent until the notice period has passed
Interest on depositsHeld in an interest-bearing New York bank account; the owner may keep 1% a year for administrationYou choose how the interest is paid

As of October 2026. The late-fee, notice and application-fee rules come from the Attorney General's summary of the 2019 state rent law; the deposit rules are from HCR Fact Sheet #9 (November 2025).

Income, guarantors and alternatives

New York has no single legal income test for renters; each landlord sets its own standards. In common practice, landlords and agents often ask for an annual income of about 40 to 45 times the monthly rent, and they may ask for a credit check and employment verification. These multiples are practices reported by industry sources, not legal rules, so ask each landlord for their criteria in writing.17

If you do not meet the standard, such as a new arrival without local credit history, a student, or someone changing jobs, you have several options that are commonly used: a personal guarantor (a person, often a relative, who agrees to be responsible for the rent and who usually must meet a higher income requirement); a commercial guarantor or insurance product that charges a fee; a co-signer or roommate who qualifies on their own; or evidence of substantial savings. Some companies require large cash assets, for example at least 50 times the monthly rent for certain unemployed applicants. Because deposits are capped at one month, paying many months upfront should not be required.17,6

If part of your rent is paid through a government programme such as a Section 8 voucher, CityFHEPS or other assistance, New York City law bars landlords and brokers from treating that income as less valid, from advertising "no vouchers", and from imposing extra income requirements or a guarantor on voucher holders. You can contact the Commission on Human Rights at 212-416-0197 if you believe you were turned down for that reason.18,19

Documents checklist

Requirements vary by landlord, but these are the documents commonly requested. Having them ready in digital form speeds up an application. Send them only to landlords or agents you have verified, and never before you have seen the apartment (see the scams callout below).16

  • Government-issued photo ID (passport or driver's licence)
  • Completed and signed application form
  • Letter of employment stating position, salary and start date, or an offer letter if you have not yet started
  • Recent pay stubs (commonly the last two)
  • Recent tax returns, or other proof of income if you are self-employed (e.g. bank statements, contracts, a letter from an accountant)
  • Recent bank statements
  • Reference letter or contact details for a previous landlord, if you have one
  • Guarantor's documents, if you use one
  • Proof of other income or assistance, such as a voucher letter or scholarship award, if applicable
  • Payment method for the application fee (maximum $20) and, once approved, the deposit and first month's rent

Rent stabilization basics and how to check a building

Rent stabilization limits how much a landlord can raise the rent and gives tenants the right to renew their lease. In the 2023 Housing and Vacancy Survey there were about 996,600 rent-stabilized units in New York City, which is about 41 percent of all rental units. They are most often in buildings with six or more apartments built before 1974, though some newer buildings with tax benefits are also covered. Annual increases are set by the Rent Guidelines Board. The board voted on June 25, 2026 for increases on leases starting between October 1, 2026 and September 30, 2027, and the city's rent stabilization page lists a 0 percent increase for both one- and two-year leases in that period (as of October 2026).1,14,15

It is not always obvious whether an apartment is stabilized, and a lease may not say so. Signs include a mention in the lease and a rent that is not a round number, but the reliable test is the rent history held by New York State Homes and Community Renewal (HCR). Only a current tenant or the landlord can request it, and it is free.14,20

  1. Check the lease and the listing for any mention of rent stabilization.
  2. After you have an apartment, request the rent history from HCR online (choose "Apartment rent history"), by email to rentinfo@nyshcr.org with the full address and apartment number, by phone at 833-499-0343, or in person at a DHCR borough rent office, which see visitors by appointment.
  3. If the unit was never stabilized, HCR has no record and nothing is mailed. If it is, the history is mailed only to you.
  4. Compare the legal rent in the history with what you are being charged and ask HCR about any overcharge.

Market-rate buildings are not left unprotected. Since April 20, 2024, the Good Cause Eviction law covers many unregulated apartments in New York City. It limits evictions and unreasonable rent increases, but it has exemptions, including small landlords with 10 or fewer units, most buildings built since 2009, and condos and co-ops. Landlords must now state in writing whether the law applies, and the HPD page explains how the rent increase standard is calculated.21

Tenants' rights and where to get help

Whatever type of apartment you have, you have the right to a safe, well-maintained home, protection from harassment, and protection from discrimination by lawful source of income, among other protected characteristics. A landlord cannot cut utilities, change the locks or remove your belongings without a court order. Heat is required from October 1 to May 31: at least 68°F from 6 am to 10 pm when it is below 55°F outside, and at least 62°F overnight. Hot water must be at least 120°F at all times.22,23

Who to contact22,23,18,24,25,6,5
ProblemWhere to goContact (as of October 2026)
Repairs, heat, hot water, pests, mould, lead paintTell the landlord in writing, then file a complaint with 311 / HPDCall 311, use 311 Online or the app; HPD 212-863-6300
General tenant questions, being behind on rentNYC Tenant HelplineCall 311 and ask for the Tenant Helpline
Rent history, overcharge, rent-stabilized renewal issuesNYS HCR Office of Rent Administrationrentinfo@nyshcr.org; 833-499-0343; Brooklyn borough rent office by appointment
Illegal broker or unlisted feesNYC Department of Consumer and Worker ProtectionOnline complaint form on the DCWP FARE Act page
Discrimination, including source of incomeNYC Commission on Human RightsInfoline 212-416-0197
Facing eviction, lockout, or serious unmade repairsFree lawyer under Right to Counsel, via Housing Court Answers718-557-1379, Monday to Friday, 9 am to 5 pm, or ask at Housing Court
Housing Court in BrooklynKings County Housing Court, 141 Livingston Street; Help Center in Room 404Court 347-404-9201; Help Center 347-404-9043 or 347-404-9044
Deposit not returnedSmall claims court or the Attorney General's Consumer Frauds BureauSee the Attorney General's website

Right to Counsel services are free and, according to the city, available regardless of immigration status. Hours and procedures can change; confirm on the official pages.

Lease basics

A lease is a legal contract, so read all of it, including riders and house rules, before signing. Check these points: the monthly rent and due date; the length of the term; the exact start date; what is included (heat, hot water, appliances); who pays for what; the renewal and notice terms; the late-fee clause (it must not exceed the state limit); the rules on guests, pets and subletting; and the written fee disclosure under the FARE Act. If anything is unclear or conflicts with what you were told, ask for a written correction. For rent-stabilized leases you can ask for a renewal of one or two years.5,13,14

If you have a child aged 10 or younger, the owner of a building with three or more apartments must install approved window guards, and you can ask for them in writing. In older buildings built before 1960, the owner sends an annual lead-paint notice each January that you must return, and you must tell the owner in writing if a child under six lives with you.23

The warning signs and reporting routes above follow the Federal Trade Commission's rental-scam guidance; the same advice applies in Brooklyn.26

Moving day and inspection checklist

Your first hour in the apartment is the best time to document its condition, because it protects your deposit later. HCR notes that tenants may ask for an inspection before they sign a lease and before they move out, when the owner must provide an itemized list of repairs.6

  • Bring a copy of the signed lease, the signed fee disclosure and your payment receipts
  • Confirm the key count and test every lock; ask about intercom, mailbox and laundry access
  • Photograph or video every room, including walls, floors, appliances, windows, bathrooms and any existing damage, with dates
  • Email the landlord or management a list of any existing damage within a few days, and keep their reply
  • Test the smoke and carbon monoxide detectors, taps, hot water, stove, radiators or heating and the windows
  • Check for signs of pests, leaks and mould, and report them in writing
  • Check that window guards are present if a child aged 10 or younger lives there
  • Read the building's trash, recycling and noise rules and find the superintendent's contact
  • Make sure electricity and gas are on in your name, and set up internet
  • Keep all lease papers together, and note the date for lease renewal notices in your calendar
People carrying boxes into a Brooklyn apartment building entrance
Suggested photo: movers carrying boxes into a Brooklyn apartment building

Sources cited in this chapter

  1. NYC HPD – 2023 New York City Housing and Vacancy Survey: Selected Initial Findings ↗
  2. NYC Department of Consumer and Worker Protection – Fairness in Apartment Rental Expenses (FARE) Act FAQ ↗
  3. NYS Homes and Community Renewal – Fact Sheet #9: Security Deposits and Other Charges ↗
  4. NY State Attorney General – Changes in New York State Rent Law: What You Need to Know ↗
  5. City of New York – Rent Stabilization ↗
  6. NYC Rent Guidelines Board – Home page (2026 final vote) ↗
  7. Douglas Elliman Insider – The New York City Renter's Guide: Application Process ↗
  8. Brick Underground – I'm unemployed and need to rent a NYC apartment: should I use a guarantor? ↗
  9. NYC Commission on Human Rights – Source of Income Discrimination fact sheet ↗
  10. NYC Commission on Human Rights – FairHouse FAQs for Landlords ↗
  11. THE CITY – Is your apartment rent stabilized? How to get your rent history ↗
  12. NYC HPD – Good Cause Eviction ↗
  13. NYC HPD – Tenant Bill of Rights ↗
  14. NYC HPD – ABCs of Housing: Tenants' Guide (January 2024) ↗
  15. NYC Human Resources Administration – Legal Services for Tenants (Right to Counsel) ↗
  16. New York State Unified Court System – Kings County Housing Court Directory ↗
  17. Federal Trade Commission – Rental Listing Scams ↗

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