Effective January 1, 2025, the New York City Fair Chance Housing Law prohibits housing discrimination based on criminal history. The primary objective of this legislation is to foster an inclusive and equitable housing environment for all New Yorkers.
The law imposes specific limitations on when and how housing providers can consider an applicant's criminal history. Landlords, real estate brokers, and other housing providers are permitted to review criminal history only after assessing an applicant's other qualifications. Furthermore, housing providers may only consider a limited set of convictions, referred to as "Reviewable Criminal History." These include:
- Convictions that require registration on a sex offense registry at the time of the background check.
- Misdemeanor convictions within three years from the date of release from incarceration or the date of sentencing if no incarceration occurred.
- Felony convictions within five years from the date of release from incarceration or the date of sentencing if no incarceration occurred.
The 3 or 5 years are measured from the actual date of release or the sentencing date (if the sentence does not include jail or prison time), regardless of probation or parole status.
The arrest of an applicant or a pending case cannot be taken into consideration. Nor can any of the following circumstances be considered:
- Convictions that were sealed, expunged, are under an executive pardon or certificate of relief from disabilities, or legally nullified or vacated.
- Convictions for violations, which are non-criminal offenses such as disorderly conduct.
- convictions under federal law or another state's law for conduct related to reproductive or gender affirming care that is lawful in New York State.
- Convictions under federal law or another state's law for cannabis possession that does not constitute a felony in New York State.
- Adjournments in Contemplation of Dismissal (ACDs)
- Adjudications as a youthful offender or for juvenile delinquency
- Terminations in favor of an individual, including but not limited to, acquittals, reversals upon appeal, and exonerations).
- Dispositions of criminal matters under federal law or another state's law that are comparable to those listed here.
In the event that an applicant is rejected based on their criminal history, the housing provider is required to provide a written explanation for the decision.
The significance of this law cannot be overstated. It aims to offer a second chance to New Yorkers with a criminal history, facilitating their reintegration into society and reducing recidivism. By curbing discrimination based on criminal history, the law helps alleviate pressure on the city's shelter system and addresses issues of racial bias and exclusion from housing.
It is important to note that the law does not apply to two-family owner-occupied housing or rooms in owner-occupied housing. Additionally, it does not apply in situations where federal, state, or local laws mandate or permit exclusion based on criminal history.
The Fair Chance Housing Law represents a progressive step towards ensuring fair housing opportunities for all, reflecting New York City's commitment to justice and equality. Through the implementation of this law, New York City aspires to create a more just and inclusive community, where everyone has the opportunity to secure stable housing.
While this law promotes fairness and inclusivity, it also places significant responsibilities on landlords. They must navigate the complex requirements of the Fair Chance Housing Law, including conducting the bifurcated screening process, providing necessary notices, and justifying any decisions to withdraw a housing offer based on criminal history. This added responsibility necessitates that landlords remain informed and compliant with the law, ensuring that their practices align with the new regulations.
For more detailed information on the NYC Fair Chance Housing Notice and the specifics of the law, please visit the official website. The NYC Fair Chance Housing Notice can be found here.
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