New York Eviction Record Sealing: Foreclosure Cases and Blacklist Ban

By Steve Levine · Updated November 3, 2026

Short answer: New York eviction record sealing is mandatory in one situation only: when a tenant is removed from property that went through a mortgage or tax foreclosure, RPAPL § 757 requires the court records about that tenant to be sealed and deemed confidential. For every other eviction case, New York has no sealing statute; instead, its “tenant blacklist” law, Real Property Law § 227-f, bars landlords from refusing to rent to you because of a past or pending housing court case.

That makes New York different from most states. Rather than hiding the record, New York law focuses on what a landlord may do with it. If a landlord checks a tenant screening bureau or court records and then turns you down, the law presumes the rejection was illegal, and the Attorney General can seek a civil penalty of $500 to $1,000 for each violation.

New York eviction record sealing and blacklist rules

Rule	New York	Statute
Sealing after foreclosure-related removal	Mandatory; records confidential; no disclosure or use	RPAPL § 757
General eviction sealing	No statute	RPAPL art. 7 (none)
Refusing to rent over past or pending housing court cases	Prohibited	RPL § 227-f(1)
Presumption after screening	Rebuttable presumption of violation if landlord checked screening bureau or court records, then refused	RPL § 227-f(1)
Penalty	$500 to $1,000 per violation, in an Attorney General action	RPL § 227-f(2)
Background check fee	No more than $20, with a copy of the report and an invoice	NY Attorney General guide
Screening report limit (federal)	7 years from entry, or longer limitations period	15 U.S.C. § 1681c(a)(2)

RPAPL § 757: sealing for tenants caught in a foreclosure

Section 757 applies when a lessee “is removed from real property pursuant to this article” and the property was the subject of a foreclosure proceeding or a tax foreclosure. In that case, “the court records relating to any such lessee shall be sealed and be deemed confidential,” and no disclosure or use of the information is authorized (RPAPL § 757). The current text on the Senate’s site dates from a June 28, 2019 revision.

The section is written as a mandate, not a motion standard, and it contains no exceptions. It protects tenants who lost their homes because of the owner’s mortgage or tax default, not because of anything they did. If you were removed after a foreclosure and the case still shows up, ask the court clerk to apply § 757 and dispute any screening report that lists it.

RPL § 227-f: the tenant blacklist law

For ordinary nonpayment or holdover cases, the record stays public, but its use is restricted. Under RPL § 227-f(1), a landlord of residential premises may not refuse to rent or offer a lease to a prospective tenant because that person was a party to a past or pending summary proceeding under RPAPL article 7. There is a rebuttable presumption of a violation when the landlord requested information about the applicant from a tenant screening bureau, or otherwise inspected court records about the applicant, and then refused to rent.

The Attorney General enforces the law. Under § 227-f(2), the AG may bring an action in Supreme Court to stop the violation and seek a civil penalty of not less than $500 and not more than $1,000 for each violation. The Attorney General’s Residential Tenants’ Rights Guide puts it in plain terms: if you are rejected after a report listing prior cases, “the law assumes that you were rejected because of this history,” and you can complain to the AG.

The $20 screening fee rule

According to the same AG guide, a landlord may charge no more than $20 for a background or credit check, must give you a copy of the check and an invoice to charge the fee at all, and you may offer your own check instead if it was done within the past 30 days. Asking for that copy is the easiest way to see exactly what the landlord saw.

Keeping a case from ending in a judgment

Since most New York cases cannot be sealed, outcomes still matter for screening reports. Two rules help in nonpayment cases. First, no case may be started without a written rent demand giving at least 14 days’ notice (RPAPL § 711). Second, even after a warrant, if you tender or deposit the full rent owed before it is executed, the court must vacate the warrant unless the landlord proves you withheld rent in bad faith (RPAPL § 749(3)). When you settle in housing court, ask for a discontinuance or dismissal once the payments are made, in writing.

Screening reports and federal dispute rights

New York tenant screening companies are also bound by the federal Fair Credit Reporting Act. They may not report a civil suit or judgment more than seven years past its date of entry, or past the governing statute of limitations if that is longer (15 U.S.C. § 1681c(a)(2)). The CFPB advises disputing errors with both the reporting company and the original source (CFPB).

If a report includes a case that should be sealed under § 757, or shows a judgment when your case was discontinued, file a dispute. Under 15 U.S.C. § 1681i, the company has 30 days to reinvestigate and must delete or correct what is inaccurate or cannot be verified. You can learn more in our tenant screening report guide.

Worked example: two Buffalo renters

Ray rented a duplex in Buffalo for six years and always paid on time, but his landlord stopped paying the mortgage. After the foreclosure sale, the new owner brought a proceeding and Ray was removed in 2025. Because the property was the subject of a foreclosure, RPAPL § 757 requires the court records relating to Ray to be sealed and confidential. When a screening report shows the case anyway, he disputes it, citing § 757.

Aisha, also in Buffalo, had a 2023 nonpayment case that ended in a payment agreement. In March 2026 she applies for an apartment, pays the $20 background check fee, and receives a copy of the report listing the 2023 case. The landlord then rejects her. Under RPL § 227-f(1), the law presumes the rejection was based on her housing court history; she files a complaint with the Attorney General, and the landlord faces a penalty of $500 to $1,000 if it cannot rebut the presumption.

When neither rule fits

If your case was not foreclosure-related, you cannot seal it under § 757, but § 227-f still protects you against a blanket refusal. Keep proof of how the case ended, pay attention to whether a landlord ran a screening report before rejecting you, and save written rejections. For how New York cases move through court, see the eviction process by state; for city-specific protections, see New York City tenant rights; and for move-out money, see New York security deposit law.

Frequently Asked Questions

Can a New York landlord deny my application because I was in housing court?

Not because of a past or pending landlord-tenant case, under RPL § 227-f(1). If the landlord pulled a screening report or checked court records and then refused, the law presumes a violation, though the landlord can try to show a different, lawful reason.

Is my New York eviction case sealed automatically?

Only if you were removed from property that was the subject of a mortgage or tax foreclosure, under RPAPL § 757. Other cases are not sealed by statute, even when dismissed.

Who enforces the tenant blacklist law?

The Attorney General, who may sue in Supreme Court for an injunction and a civil penalty of $500 to $1,000 per violation under RPL § 227-f(2). File a complaint with the AG’s office and include any rejection letter and screening report.

How much can a New York landlord charge me for a screening report?

No more than $20, according to the Attorney General’s tenants’ rights guide, and only if the landlord gives you a copy of the report and an invoice. You can offer your own background check if it is no more than 30 days old.

How long can screening companies report a New York eviction?

Generally seven years from entry under 15 U.S.C. § 1681c(a)(2), or longer if the governing statute of limitations is longer. A § 757 sealed case should not appear at all.

Your next step: if a landlord rejected you after a screening report, gather the report and the rejection and file a complaint with the New York Attorney General. This page is general information, not legal advice; LSC’s get legal help page can connect you with a New York legal aid office. Other states are compared on the eviction record sealing by state hub.

Sources

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