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?
13 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.
0 coins
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?
0 coins
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
0 coins
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.
0 coins
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...
0 coins
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.
0 coins
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.
0 coins
Keisha Jackson
•How much does something like that cost? I might need to talk to someone directly about my specific situation.
0 coins
Javier Torres
•It was worth it for me to get definitive answers instead of guessing. Much better than the endless phone tree nightmare.
0 coins
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!
0 coins
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.
0 coins
Keisha Jackson
•Yikes, that's exactly what I'm trying to avoid. I'll make sure to report everything properly from the start.
0 coins
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.
0 coins