What is the maximum late fee in New York?

State law limits the fee to the lesser of 5% of the rent or $50 (N.Y. Real Prop. Law § 238-a(2)). Charging above that is generally unenforceable.

Is there a required grace period in New York?

Yes — rent must be at least 5 days past due before a late fee can be charged under N.Y. Real Prop. Law § 238-a(2).

Where is this in New York law?

The controlling provision is N.Y. Real Prop. Law § 238-a(2). Legislatures amend these rules, so always confirm the current text via the official source linked above.

New York Late Fee Laws

Last reviewed: July 10, 2026

Maximum late fee

Lesser of 5% of rent or $50

Grace period

5 days

Statute

N.Y. Real Prop. Law § 238-a(2)

New York caps residential late fees at the lesser of 5% of the rent or $50 under N.Y. Real Prop. Law § 238-a(2). A lease can agree to less, but a fee above the statutory limit is generally unenforceable no matter what the lease says.

Timing matters as much as the amount: rent must be at least 5 days past due before a late fee can be assessed. A fee charged inside that window isn't collectible in New York, even when the lease provides for it.

Under the 2019 HSTPA, no late fee may be demanded until rent is five days late, and the fee can't exceed $50 or 5% of the monthly rent — whichever is LESS (several online tables print this backwards). Co-op maintenance charges have a separate 8% allowance when the proprietary lease provides for it.

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StackRent tracks every due date, waits out the 5-day grace period and keeps every charge within the lesser of 5% of the rent or $50, and posts the fee to the ledger — automatically, across your whole portfolio.

Frequently asked questions

What is the maximum late fee in New York?: State law limits the fee to the lesser of 5% of the rent or $50 (N.Y. Real Prop. Law § 238-a(2)). Charging above that is generally unenforceable.
Is there a required grace period in New York?: Yes — rent must be at least 5 days past due before a late fee can be charged under N.Y. Real Prop. Law § 238-a(2).
Where is this in New York law?: The controlling provision is N.Y. Real Prop. Law § 238-a(2). Legislatures amend these rules, so always confirm the current text via the official source linked above.

This tool is for informational purposes only and is not legal advice. Rules vary by state and locality and change over time — confirm current requirements for your jurisdiction before acting.

New York Late Fee Laws

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