Can you collect unemployment if you have rental income from NYS Department of Labor?
I got laid off from my marketing job last month and need to file for unemployment benefits. The thing is, I own a duplex and rent out the other half for $1,800 per month. Will this rental income disqualify me from getting NYS Department of Labor unemployment benefits? I'm worried they'll say I'm not actually unemployed because of the rental property. Has anyone dealt with this situation before?
33 comments


Paolo Romano
Rental income generally doesn't disqualify you from unemployment benefits in New York. The NYS Department of Labor considers rental income as passive income, not wages from employment. You'll need to report it on your weekly claim certification, but it shouldn't affect your eligibility as long as you're not actively working in property management as your main job.
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Keisha Jackson
•That's such a relief! So I just report the $1,800 each week when I do my weekly claim? Or do I break it down differently?
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Amina Diop
yeah my cousin had rental income when she was on unemployment last year and it was fine. she just had to put it on her weekly forms but didnt lose any benefits
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Oliver Schmidt
The key thing is how you report it. When you file your weekly claim with NYS Department of Labor, there's a section for other income. You'll report the rental income there, but since it's not from employment, it won't reduce your weekly benefit amount. Just make sure you're completely honest about it - they can verify this stuff during adjudication if needed.
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Natasha Volkov
•Wait, I thought ANY income affected your benefits? I've been so scared to report my small side income from selling stuff online...
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Oliver Schmidt
•No, there's a difference between earned income (wages from work) and unearned income (rental, investments, etc.). Rental income is unearned and doesn't reduce your UI benefits.
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Javier Torres
I had a similar situation but got so frustrated trying to reach someone at NYS Department of Labor to clarify this. Kept getting disconnected after waiting on hold forever. Finally used this service called Claimyr (claimyr.com) that actually got me through to a real agent who explained everything. They have a demo video at https://youtu.be/qyftW-mnTNI showing how it works. Way easier than spending hours trying to get through yourself.
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Keisha Jackson
•How much does something like that cost? I might need to talk to someone directly about my specific situation.
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Javier Torres
•It was worth it for me to get definitive answers instead of guessing. Much better than the endless phone tree nightmare.
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Emma Wilson
THE WHOLE SYSTEM IS RIDICULOUS! They make it so confusing on purpose. I had investment income and they made me wait THREE WEEKS in adjudication just to tell me it was fine. Meanwhile I'm behind on bills because they can't give straight answers about their own rules!
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QuantumLeap
Just be super careful with the reporting. I know someone who got an overpayment notice because they didn't report rental income correctly and NYS Department of Labor found out later through tax records. Better to over-communicate than under-report.
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Keisha Jackson
•Yikes, that's exactly what I'm trying to avoid. I'll make sure to report everything properly from the start.
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Ava Hernandez
I went through this exact situation last year! Had rental income from a small apartment I own while collecting unemployment. The NYS Department of Labor rep I spoke with explained that rental income is considered "passive income" and won't affect your weekly benefit amount. You'll report it in the "other income" section of your weekly certification, but it doesn't count against you like wages would. Just make sure you keep good records of your rental income and expenses in case they ever need documentation. The key is being upfront about it from the beginning - they're pretty reasonable about passive income sources.
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Statiia Aarssizan
•This is really helpful to hear from someone who actually went through it! Did you have to provide any special documentation about your rental property when you first applied, or did they only ask for records later if there were questions? I want to make sure I have everything ready upfront.
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Carmen Ortiz
•@Ava Hernandez That s'exactly the reassurance I needed! For the documentation, did they want rental agreements or just the income amounts? I m'trying to get organized before I file my first claim next week.
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Mason Kaczka
•@Ava Hernandez Thanks for sharing your experience! I m'in a similar boat - just want to double-check, when you reported the rental income weekly, did you report the full monthly amount each week or divide it by 4? I keep getting conflicting info about how to break down monthly passive income for the weekly certifications.
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Jace Caspullo
•@Ava Hernandez This is super reassuring! I m'in almost the exact same situation - duplex with $1,800/month rental income. Quick question: when you reported it on your weekly certification, did you put the full $1,800 every week or did you break it down to like $415 per week? I m'not sure if they want the actual weekly amount or if I should report it as received monthly (.)Thanks for sharing your experience!
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StellarSurfer
•@Ava Hernandez This is so helpful! I m'in a similar situation with rental income and was really worried about how it would affect my benefits. Did you end up having any issues during the application process, or was it pretty straightforward once you explained the passive income situation? Also curious if they ever asked for rental agreements or lease documents as proof, or if they just took your word for the income amount when you reported it weekly.
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Anderson Prospero
•@Ava Hernandez This is really reassuring to hear! I m'dealing with a similar situation - I have a small rental property that brings in about $1,200/month and was laid off from my tech job two weeks ago. I ve'been hesitant to apply for unemployment because I wasn t'sure how the rental income would be handled. Your experience gives me confidence to move forward with my application. Did you notice any delays in processing because of the rental income, or did everything go through at the normal pace? I m'hoping to avoid any complications that might slow down my first payment.
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Sean Fitzgerald
•@Ava Hernandez This is exactly what I needed to hear! I was so stressed about this whole situation. Quick follow-up question - when you reported the rental income on your weekly certification, did you report it as the monthly amount when you received it, or did you break it down weekly? Like if I get $1,800 on the 1st of each month, do I report $1,800 that week and $0 the other weeks, or spread it out as $450 per week? The NYS Department of Labor website isn t'super clear on this part. Thanks again for sharing your experience - it s'really helping calm my nerves about the whole process!
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Sean Murphy
I'm in a very similar situation and this thread has been incredibly helpful! I was laid off from my job three weeks ago and have been putting off filing for unemployment because I wasn't sure how my rental income would be treated. I have a small investment property that generates about $1,400/month. Based on what everyone is saying here, it sounds like I should go ahead and apply and just be upfront about the rental income when I do my weekly certifications. The distinction between earned vs passive income makes a lot of sense. Has anyone here had experience with NYS Department of Labor asking for additional documentation about rental properties during the claims process, or do they typically just take your reported amounts at face value?
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Clarissa Flair
•@Sean Murphy I m'glad this thread has been helpful! I was in the exact same boat - hesitating to file because of rental income uncertainty. From everything I ve'read here, it seems like the key is just being transparent about it from the start. I m'planning to file my claim this week and will report my duplex rental income on the weekly certifications. The passive vs earned income distinction that everyone mentioned really cleared things up for me. Definitely don t'put off filing any longer - sounds like we re'overthinking this! Let me know how your application process goes.
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Amelia Dietrich
I'm dealing with this exact situation right now! I own a small rental property that brings in about $2,000/month and just got laid off from my finance job last week. Reading through all these responses has been so reassuring - I was really stressed thinking the rental income would completely disqualify me. It sounds like the key points are: 1) Rental income is passive/unearned income so it won't reduce benefits, 2) Be completely transparent and report it on weekly certifications, and 3) Keep good documentation just in case. I'm definitely going to file my claim this week now that I understand how it works. Thanks everyone for sharing your experiences - this community is so helpful for navigating the NYS Department of Labor system!
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Sophia Bennett
•@Amelia Dietrich I m'so glad this thread helped you too! I was in the exact same headspace just a few days ago - totally paralyzed by uncertainty about how rental income would affect my claim. It s'amazing how much clearer everything becomes when you hear from people who ve'actually been through the process. Your summary of the key points is perfect. I just filed my initial claim yesterday and made sure to mention my rental property upfront in the application notes. The whole process was way less intimidating than I expected. Definitely keep us updated on how your claim goes - it s'so helpful to have this community support when dealing with all the NYS Department of Labor bureaucracy!
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Isabella Costa
This is such great information everyone! I'm actually a landlord myself with three rental properties and was recently laid off from my corporate job. I was terrified that owning rental properties would somehow disqualify me from unemployment benefits. Reading all these experiences has been incredibly reassuring - especially hearing from people who actually went through the process successfully. It sounds like the NYS Department of Labor really does treat rental income as passive income, which makes total sense since being a landlord isn't the same as being employed by someone else. I'm going to file my claim next week and make sure to be completely upfront about all my rental income from day one. Better to over-disclose than have issues later! Has anyone here dealt with multiple rental properties, or is most experience with just one property?
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Chloe Robinson
•@Isabella Costa I haven t'dealt with multiple properties personally, but my understanding from everything shared here is that the same principle applies - rental income is passive regardless of how many properties you own. Just make sure to report the total combined rental income on your weekly certifications. With three properties, you ll'definitely want to keep detailed records of all the income in case they ever ask for documentation. The key seems to be transparency from the start, which sounds like you re'already planning to do. Good luck with your claim!
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Freya Collins
I just went through this exact process a few months ago! I own a small rental property that brings in $1,600/month and was laid off from my job in September. I was really nervous about how the rental income would be handled, but it ended up being much simpler than I expected. The NYS Department of Labor treats rental income as passive income, so it doesn't count against your weekly benefit amount at all. When I do my weekly certifications, I just report the rental income in the "other income" section, but it doesn't reduce my benefits. The key is being completely honest about it from the start - I mentioned it in my initial application and have been reporting it consistently every week. No issues whatsoever! One tip: I keep a simple spreadsheet tracking all my rental income and expenses just in case they ever need documentation, but so far they haven't asked for anything beyond what I report on the weekly forms.
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Gabriel Ruiz
•@Freya Collins This is so helpful to hear from someone who recently went through the process! I m'in almost the exact same situation - duplex rental bringing in $1,800/month and just got laid off last month. Your tip about keeping a spreadsheet is really smart - I should probably start doing that now before I file my claim. Quick question: when you mentioned it in your initial application, was there a specific section for rental income or did you just add it in the notes/additional information area? I want to make sure I m'as upfront as possible from the beginning like you did. Thanks for sharing your experience - it s'giving me so much confidence to move forward with filing!
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Faith Kingston
I'm in a similar situation and this whole thread has been incredibly reassuring! I got laid off from my office job two weeks ago and have been hesitating to file for unemployment because I rent out a room in my house for $800/month. I was so worried they'd consider me "employed" as a landlord or something. Reading everyone's experiences with rental income being treated as passive income has really put my mind at ease. It sounds like the key is just being transparent about it from day one and reporting it properly on the weekly certifications. I'm definitely going to file my claim this week now. Thanks to everyone who shared their experiences - this community is so helpful for navigating all the confusing NYS Department of Labor rules!
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Benjamin Kim
•@Faith Kingston I m'so glad this thread helped you feel more confident about filing! Renting out a room is definitely still considered passive rental income, just like everyone else s'situations here. The $800/month you re'getting is no different from those of us with separate rental properties - it s'all passive income that won t'affect your weekly benefit amounts. You re'absolutely right that transparency from day one is key. I was in the same boat as you just a few weeks ago, totally overthinking this whole thing, but now I realize the NYS Department of Labor system actually makes pretty logical distinctions between earned income wages (from employment and) passive income rentals, (investments, etc. .)Don t'wait any longer to file - you ve'already lost two weeks of potential benefits! Just report that $800 honestly on your weekly certifications and you ll'be all set.
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ElectricDreamer
I'm dealing with this exact situation right now! I have a small rental property that generates about $1,500/month and just got laid off from my marketing position last week. Reading through all these experiences has been incredibly helpful - I was really stressed thinking the rental income would completely disqualify me from benefits. It's so reassuring to hear from multiple people who've successfully collected unemployment while having rental income. The distinction between passive income and earned income makes total sense when you think about it. I'm definitely going to file my claim this week and be completely upfront about the rental property from the start. Thanks to everyone who shared their experiences - this thread has been a lifesaver for understanding how the NYS Department of Labor handles these situations!
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Ella Russell
•@ElectricDreamer I'm so glad this thread has been helpful for you too! I was in the exact same situation just a few weeks ago - totally panicking about whether my rental income would mess up my unemployment claim. It's amazing how much stress gets relieved when you hear from real people who've actually been through the process. Your $1,500/month situation is very similar to what many of us here have dealt with, and it sounds like you're taking the right approach by being upfront from day one. The passive vs earned income distinction really is the key - rental income doesn't count as wages from employment, so it won't reduce your weekly benefits. Just make sure to report it consistently on your weekly certifications and keep good records. You've got this! Let us know how your application goes - it's always helpful when people share their experiences to help others in the community.
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Heather Tyson
I'm in a very similar situation and this discussion has been incredibly helpful! I was laid off from my job at a nonprofit two weeks ago and have been putting off filing for unemployment because I have a small rental unit that brings in $1,200/month. I was so worried they'd consider it "work" or that it would disqualify me completely. Reading everyone's experiences about rental income being treated as passive income has really eased my anxiety. It makes perfect sense that there's a distinction between earned income from employment and passive rental income. I'm planning to file my claim tomorrow and will definitely be upfront about the rental income from the start. Thanks to everyone who shared their real experiences - it's so much more helpful than trying to decipher the confusing official language on the NYS Department of Labor website!
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