“Fair Chance for Housing Act” Would Prohibit Landlords in New York City from Conducting Criminal Background Checks on Tenants
On December 8, 2022, a public hearing was held by the New York City Council Committee on Civil and Human Rights for a bill called the “Fair Chance for Housing Act” that would prohibit landlords, owners, agents, employees, and real estate brokers in the city from conducting criminal background checks on prospective tenants. To view a video of the hearing, click here.
The Act would amend the administrative code of the city of New York to prohibit housing discrimination on the basis of an arrest record or criminal history in rentals, sales, leases, subleases, or occupancy agreements in New York City. Landlords, owners, agents, employees, and real estate brokers would be prohibited from obtaining criminal record information.
The Act would not apply where federal, state, or local laws, rules, or regulations require exclusion based on criminal history or require a criminal background check for eligibility. The Act would not apply to two-family owner-occupied housing, rooms in owner-occupied housing, or New York City Housing Authority (NYCHA) complexes that require background checks.
The Act would not prohibit inquiries into the New York Sex Offender Registry but requires the landlord, owner, agents, and brokers to provide the applicant written notice about the inquiry and a reasonable amount of time to withdraw their rental application. It also outlines a process for applicants to dispute an adverse action based on an arrest record or criminal history.
Previously introduced in 2019, the Act was reintroduced in August 2022 by New York City Council Majority Leader Keith Powers to “remove barriers to housing by prohibiting landlords from discriminating against potential tenants on the basis of a criminal record” and to “confront a crippling homelessness crisis,” according to a press release about the Act.
There were nearly 750,000 New York City residents with a conviction history as of 2019 – nearly 11 percent of the city’s adult population – and formerly incarcerated individuals were 10 times more likely to become homeless than the general public, the press release stated. An estimated 50,000 people were sleeping in the city’s shelter system as of August 2022.
“For too long, formerly incarcerated individuals have faced enormous difficulties trying to find housing in our city,” Powers stated in the press release. “New Yorkers who have paid their debts still experience severe discrimination, no matter how minor the offense or how long ago. The Fair Chance for Housing Act will finally give these folks a place to sleep a night.”
ClearStar is a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers tenant screening to help landlords protect their properties that comply with federal, state, and local laws regarding background checks on prospective tenants. To learn more, contact ClearStar.
© 2022 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
