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Fair Chance Housing Act

Together NYC

Height and Weight Protections

Source of Income Discrimination

Disability Protections

Pay Transparency

Being Seen in NYC

Black Business Solidarity Initiative

Condemning Immigration Detention Conditions

COVID-19

Credit History Discrimination

Discriminatory Harassment

Discrimination Survey Report

Fair Chance Employment Act

Fair Housing NYC

Gender Identity and Expression

I Still Believe in Our City

I Am Muslim NYC

Jewish New Yorkers

LGBTQI Protections

May We Know Our Own Strength

Meals as Collective Memory

Protections for Domestic Violence Survivors

Salary History Discrimination

Sexual Harassment in the Workplace

Testimonial Video Series

While Black in NYC

Women's Rights

You Have Rights NYC


Fair Chance Act in Housing

Overview

The New York City Fair Chance Housing Law makes it illegal for most NYC housing providers to discriminate against renters and buyers - including in coops and condos - because of arrest records, convictions, or other criminal history.

This amendment to the Human Rights Law limits what types of records housing providers can consider - permitting review of only limited types of convictions.

The Law also narrows both when and how covered housing providers can ask about renter and buyer convictions.

As of January 1, 2025, it is a violation of the Fair Chance Housing Law for a covered housing provider to:

make statements about criminal background checks or criminal records or express limitations on this basis in ads and applications.

treat applicants or tenants differently or change the terms of a sale or lease because of criminal history.

The NYC Fair Chance Housing Law DOES NOT require covered housing providers to run criminal background checks.

The NYC Fair Chance Housing Law DOES require covered housing providers to take several steps if they choose to use a criminal background check as part of the housing process.

As of January 1, 2025, covered housing providers that choose to use criminal background checks can only do so after reviewing tenant or buyer general eligibility and making a conditional offer. Covered housing providers can only review limited convictions as part of this criminal background check. If after such a check, a covered housing provider wants to revoke a housing offer or decline to renew a lease, they must follow the notice and process requirements of the Fair Chance Law and make their decision in writing based on a review of an individual’s entire application, including any supporting information provided by an applicant.

The fact that an applicant has conviction(s) is not sufficient for a covered housing provider to deny housing. A covered housing provider must show a specific, non-speculative reason for revoking a housing offer.

As of January 1, 2025, covered housing providers are prohibited from considering most parts of a criminal record at any time during the housing process. Covered housing providers cannot ask about or review: arrests, pending cases, Adjournments in Contemplation of Dismissal (ACDs), youthful offender or juvenile delinquency adjudications, convictions under an executive pardon or certificate of relief from disabilities, convictions that have been legally nullified or vacated, or sealed and expunged convictions, and actions that were terminated in favor of the individual. In addition, housing providers are prohibited from looking at most felony convictions from more than 5 years ago and most misdemeanor convictions from more than 3 years ago.

As of January 1 2025, covered housing providers are permitted to consider the following convictions, provided all aspects of the Fair Chance Law notice and timeframe requirements are followed:

Convictions that require registration on a sex offense registry at the time of the background check, regardless of when they took place.

Felony convictions where the actual release date OR sentencing date (if no jail time) was within the last 5 years and

Misdemeanor convictions where the actual release date OR sentencing date (if no jail time) was within the last 3 years.

The 3 or 5 years are measured from release or sentencing date, regardless of probation or parole status.

Most housing in NYC is covered by the NYC Fair Chance Housing Law, with the exception of the following:

Housing providers renting or selling units in housing with 2 or fewer rooms or units are exempt from the Fair Chance Housing Law if the provider or their family reside in one of the two rooms or units.

State or federally funded housing providers, including public housing authorities that are required or authorized to take specific actions related to criminal history can take such specific actions without violating the NYC Fair Chance Housing Law. They must comply with all other parts and required processes of the Fair Chance Housing Law.

Frequently Asked Questions

The FAQs below describe the NYC Fair Chance Housing Law in greater detail.

Download the Fair Chance Housing Notice that covered housing providers must give to renters and buyers before running a criminal background check.

NOTE: Housing providers are also responsible for ensuring compliance with laws governing the collection and use of personal information, such as Federal and State Fair Credit Reporting Acts.

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Click a topic, or press the enter key on a topic, to reveal its answer.

General Questions and Answers

What is the New York City Fair Chance Housing Law?

The NYC Fair Chance Housing Law requires covered housing providers to evaluate a renter’s or buyer’s general housing eligibility first and make an offer of housing before considering criminal history. It also prohibits covered housing providers from deterring people from applying or denying housing to someone because they were impacted by the criminal legal system.

Who is a Housing Provider with Obligations under the NYC Fair Chance Housing Law?

All brokers, licensed salespeople, housing owners, property managers, and all individuals with the authority to approve or deny the rental or sale of housing, as well as their agents and employees apart from the narrow exceptions noted in the “Exceptions to the Fair Chance Housing Law” section. This includes coop and condo boards that make housing decisions.

(See Exceptions to the Fair Chance Housing Law section below for more information)

Does the NYC Fair Chance Housing Law say Anything about Housing Providers that Don’t Run Criminal Background Checks or that Rent to Individuals that Have a Conviction History?

The NYC Fair Chance Housing Law states that a covered housing provider “shall be immune from liability in any civil action arising as a result of an alleged act of an individual with a criminal history based on the claim that”:

The housing provider should not have sold, rented, or leased to such individual OR

The housing provider that rented to an individual chose not to perform a criminal background check.

Why does the NYC Fair Chance Housing Law Create a New Process for Landlords That Want to Use Background Checks?

The NYC Fair Chance Housing Law requires that covered housing providers that choose to do a criminal background check follow a series of steps that ensure tenancy qualifications are the focus in order to prevent arbitrary denials of housing based solely on the existence of a conviction.

What is Required Under the NYC Fair Chance Housing Law?

The NYC Fair Chance Housing Law requires covered housing providers: owners, sellers, landlords, management companies, brokers, and their agents - including coop and condo boards - that choose to run a criminal background check to follow notice and timeframe requirements:

Wait to run a criminal background check until after reviewing housing eligibility and making a conditional offer of housing.

Give an applicant the Fair Chance Housing Notice of Rights

Limit any questions or reviews of criminal history to ONLY to what the Law deems reviewable:

felony convictions from the last 5 years (calculated from the actual release date OR sentencing date if no jail time),

misdemeanor convictions from the last 3 years (calculated from the actual release date OR sentencing date if no jail time), and

registered sex offenses (regardless of when they took place), and no other criminal history.

--> *A covered housing provider violates the NYC Human Rights Law if they seek any other criminal history information*

Follow the Fair Chance Housing Process, which requires a housing provider that considers revoking an offer or declining to renew a lease to:

Give any criminal history they received and/or reviewed to the tenant or buyer

Notify the tenant or buyer they have five (5) business days to:

point out errors or inaccuracies in the criminal history AND

Show a housing provider inappropriately considered part of their criminal history AND

provide supporting information that explains their history, their qualifications, or otherwise supports their application

Conduct an individual assessment of the renter or buyer’s reviewable criminal history and individual information in support of their application and then

Explain in writing, the reason behind any proposed adverse housing decision, which to be lawful must include BOTH:

a legitimate business interest AND the link between that interest and revoking the conditional offer of housing;

how the individual information a tenant or buyer provided was taken into account.

What Qualifies as Conducting a Criminal Background Check Under the New York City Fair Chance Housing Law?

All of the following count as conducting a background check under the Fair Chance Housing Law:

Asking a person whether they have a criminal history orally or in writing

Searching for criminal history information about the person in publicly available records, including:

Websites

Consumer reporting agencies

Private databases

Using third parties to find criminal history information about the person

Any other form of gathering records or information about the person’s criminal history

*If a covered housing provider knowingly receives criminal history information other than reviewable criminal history information, there is a rebuttable presumption that the covered housing provider relied on that information in violation of the Fair Chance Housing Law.*

Are Covered Housing Providers Prohibited from Ever Referencing Criminal History or Criminal Background Checks Before Making a Conditional Offer of Housing?

Yes. Directly or indirectly expressing a limitation based on criminal history in housing applications, ads, or inquiries, including statements like “criminal background check required” or “no felons permitted” is prohibited. The only exception is for housing providers that are required or specifically authorized by law to include such language.

Where language about criminal history or criminal background checks is required or specifically authorized by law, a housing provider must include a citation to the law or rule in the application, ad, or statement.

When can a Covered NYC Housing Provider Review Criminal History of an Applicant for Housing?

A review of criminal history of an applicant can only take place AFTER a covered housing provider reviews general eligibility information (i.e. ability to meet lease terms) and makes a conditional offer of housing.

Is There Some Criminal History that Covered Housing Providers may Never Request or Consider?

Yes. Covered housing providers are prohibited from ever considering a renter or buyer’s arrests, pending cases, ACDs, youthful offender or juvenile delinquency adjudications, terminations in favor of an individual, convictions under an executive pardon or certificate of relief from disabilities, or convictions that have been legally nullified or vacated, or sealed and expunged convictions. Housing providers are also prohibited from considering most felony convictions from more than 5 years ago, and most misdemeanors from more than 3 years ago.

Convictions of non-criminal violations (such as disorderly conduct) are also off limits.

Covered housing providers are also prohibited from considering matters that were disposed of under federal law or the law of a state other than New York that result in a status comparable to these matters. This includes convictions for: non-criminal offenses under the law of other states, activity to support access to reproductive care or gender affirming care where the conduct would be lawful in New York State, legally protected health activity as defined in NY State Criminal Procedure Law, the possession of cannabis where the conduct would not be a felony in New York State.

* If a covered housing provider knowingly receives criminal history information other than reviewable criminal history information, there is a rebuttable presumption that the covered housing provider relied on that information in violation of the Fair Chance Housing Law.*

What Violates the NYC Fair Chance Housing Law?

Imposing different terms, conditions, or privileges in the sale, lease, or rental of housing accommodations on the basis of a renter or buyer’s criminal history.

Denying an applicant housing solely based on a criminal background check or solely based on a conviction. Covered housing providers can only deny housing based on a conviction if done in accordance with the Fair Chance Housing Law.

Failing to provide a renter or buyer the ability and time (5 business days) to provide information to support their tenancy and/or explain any conviction history, or background check errors, before taking an adverse action.

Failing to provide a renter or buyer a legitimate basis for revoking an offer or declining to renew a lease in writing after running a background check and reviewing the individual applicant’s information.

Seeking or considering information other than 3 types of convictions described in the summary above and referred to as “Reviewable matters” in the Fair Chance Housing Law.

*If a covered housing provider knowingly receives criminal history information other than what they are permitted to review under the Law, there is a rebuttable presumption that the covered housing provider relied on that information in violation of the Fair Chance Housing Law*

Are there Other Laws that are Relevant to the Housing Application Process?

There are an array of federal, state, and local laws that relate to buying and renting property. The Fair Chance Housing Law, described here, is just one.

Housing providers, potential renters and potential buyers should familiarize themselves with their rights and responsibilities. Relevant laws include those that:

Regulate fees that can be charged to renters and buyers, such as NY state property laws and the New York Housing Stability and Tenant Protection Act of 2019 (HSTPA)

Regulate consent for background checks, such as state and federal fair credit reporting laws

Regulate housing discrimination, such as the federal fair housing act, and the New York State Human Rights Law

Govern the sealing of certain criminal records, such as the NY Clean Slate Act

Is the NYC Fair Chance Housing Law the same as the Clean Slate Act?

No. The NYC Fair Chance Housing Law is part of New York City’s anti-discrimination law. It puts limits on when most housing providers can mention criminal background checks when advertising housing opportunities and seeking tenants, review a conviction history or run a criminal background check. The NYC Fair Chance Housing Law says most housing providers cannot ask about conviction history until AFTER making a conditional offer of housing. The NYC Fair Chance Housing Law also creates a process for a covered housing provider to follow if they do conduct a criminal background check as described in this FAQ.

Clean State is a state law that seals individual convictions after a certain period of time. For more information on the NY State Clean Slate Law, see
https://nyassembly.gov/cleanslate/?sec=what_it_does

Housing Provider Responsibilities and Compliance

What Processes Do Covered Housing Providers Have to Follow if Choosing to run a Criminal Background Check?

Covered housing providers are required to evaluate the general housing eligibility of a renter or buyer AND make a conditional offer of housing in writing BEFORE they can lawfully seek or consider conviction history.

Covered housing providers are required to ensure the scope of their criminal background check only includes limited convictions.

(See “What Parts of a Criminal Record Can Covered Housing Providers Look at?”)

Covered housing providers can only consider the 3 types of convictions identified in the NYC Fair Chance Housing Law and these FAQs after making a written conditional offer of housing. Seeking information or looking at any other criminal history at any time is prohibited. If a covered housing provider runs a criminal background check and considers any unfavorable action, the housing provider is required to ensure the renter or buyer has the opportunity to provide information in support of their application and must provide the renter or buyer the required time to provide this information.

Covered housing providers are required to conduct a meaningful individualized assessment and provide a written explanation to a renter or buyer if they are going to revoke their offer or decline to renew a lease after conducting a criminal background check.

What Does it Mean to Evaluate General Housing Eligibility Before Making a Conditional Offer of Housing?

Evaluating general housing availability means reviewing ALL application materials other than criminal history information, which could include information regarding ability to pay the rent, tenant references, and any other lawfully requested materials.

After Evaluating General Housing Eligibility, What Does a Covered Housing Provider that Chooses to Run a Criminal Background Check Have to do?

A covered housing provider that wants to review conviction history or run a background check may do so ONLY AFTER the housing provider:

Makes a conditional offer of housing in writing AND

Provides the renter or buyer the Fair Chance Housing Notice of Rights created by the Commission

If a covered housing provider runs a background check after a conditional offer and providing notice, the housing provider has to

Follow the Fair Chance Housing Process

Conduct an individualized assessment

If a covered housing provider follows the process, conducts an individualized assessment, and still wants to revoke an offer, they must inform an applicant in writing of the decision, and explain how revoking the offer links to a legitimate business interest of the housing provider, and how the decision took all of an individual’s information into account.

NOTE: The NYC Fair Chance Housing Law DOES NOT require housing providers to conduct background checks.

What is a Conditional Offer of Housing?

This is an offer of a unit(s) in writing that commits a unit to an applicant.

For rental housing units, a conditional offer of housing means when a covered housing provider commits housing to the renter or buyer in writing by providing a rental or lease agreement.

For sales of housing shares or housing units, a conditional offer of housing means when a seller accepts a buyer's offer and provides a written agreement that the acceptance will not be revoked or changed.

An offer of housing is NOT a conditional offer of housing as defined in the NYC Fair Chance Housing Law UNLESS the covered housing provider has reviewed all non-criminal history eligibility criteria and is prepared to offer housing to an applicant. Only after a conditional offer is made may a covered housing provider review criminal history information.

If a Covered Housing Provider Wants to Revoke the Conditional Offer after the Individualized Assessment, is that Lawful?

If after the individualized assessment, a covered housing provider still wants to revoke the offer of housing, there are two situations where that is lawful:

A covered housing provider can revoke an offer after an individualized assessment if they show: a legitimate business interest AND the link between that interest and the decision to revoke an offer; and how the housing provider took the individual information into account.

A covered housing provider can revoke the offer after an individualized assessment if they show a material misrepresentation, material omission, or material change in qualifications for rental or purchase UNRELATED to criminal history and which was not known when the conditional offer of housing was made. This means new, non-criminal information related to housing eligibility.

Does a Covered Housing Provider Need to Hold a Unit Open During the Fair Chance Housing Process?

Yes. The covered housing provider’s conditional offer commits a unit that remains available for a renter or buyer during the Fair Chance Housing Process and individualized assessment, so that a qualified applicant is not denied a housing opportunity as a result of the housing provider decision to run a background check.

What is a Conviction that Requires Registration on a Sex Offender Registry?

This is a conviction, regardless of the time frame, that requires registration on the New York sex offense registry; registered on the federal sex offense registry; or occurred outside of New York State for which an individual is required to register as a sex offender in that state at the time of the background check.

Such conviction can only be considered if registration is required at the time of the criminal background check.

After Following the Notice Requirements, and Reviewing Individual Information, How Can a Covered Housing Provider Lawfully Revoke a Conditional Offer?

A covered housing provider that considers revoking their conditional offer after asking about or considering criminal history information must give to the renter or buyer the following:

A copy of all the criminal history information they have received and/or reviewed

Notice that the renter or buyer has 5 (five) business days to

identify errors or inaccuracies in the criminal history information received or reviewed,

submit any information that provides further context about any individual criminal history.

share any additional information in support of their application, including but not limited to personal and professional references, certificates earned, evidence of rehabilitation, classes taken, and any other contributions.

NOTE: A renter or buyer is not required to provide any information at this stage. A housing provider must complete an individualized assessment regardless.

Why Does the Fair Chance Housing Law Require a Covered Housing Provider to Hold a Unit Open for 5 Business Days?

A covered housing provider must allow a renter or buyer 5 business days to:

Point out errors or inaccuracies in the criminal history information received or considered

Identify information that should not have been considered (this is anything other than convictions from the last 5 years, misdemeanors from the last 3 years, and convictions that require registration on a sex offense registry at the time of the background check)

Provide any additional information in support of their application. This can include qualifications as a tenant and neighbor, personal and professional references, certificates earned, evidence of rehabilitation, classes taken, and any other contributions or characteristics for consideration by a housing provider (see question on tenant or buyer information below)

What are Business Days?

Business days are weekdays: Monday, Tuesday, Wednesday, Thursday, and Friday. It does not include Saturdays and Sundays or holidays. This means that if a housing provider gives the 5 day notice to a renter or buyer on a Wednesday, the applicant has until the following Wednesday to provide a response. If the 5 day period ends on a holiday, the response is due on the next business day that is not a holiday.

After the 5 Business Days, What Does a Covered Housing Provider Have to Do?

A covered housing provider has to conduct a meaningful individual assessment of a tenant or buyer’s application. This means assessing the specific convictions as well as any additional information that a tenant or buyer may have provided in support of their application.

A covered housing provider should consider, among other things: age of the person at the time of the conviction, how much time has elapsed since the occurrence of the criminal offense, any bearing of the criminal offense or offenses for which the applicant was convicted on the applicant’s fitness or ability to meet the requirements of tenancy, any additional information produced by the applicant or produced on their behalf regarding rehabilitation or good conduct, and the policy of New York City to overcome stigma toward and unnecessary exclusion from housing of persons with criminal justice involvement.

(For more examples of information that an applicant may provide and a housing provider must consider, see “As someone looking for housing in NYC, how can I prepare?”)

If a covered housing provider still wants to revoke their conditional offer as a result of the conviction(s) after they have conducted an individualized assessment, the housing provider must inform the tenant or buyer in writing, showing:

a legitimate business interest AND

how that legitimate business interest is linked to the renter or buyer’s reviewable conviction(s)

how the tenant or buyer’s individual information and circumstances were taken into account in the individualized assessment

What is a Legitimate Business Interest?

A covered housing provider’s legitimate business interest is non-discriminatory, and must be specific and objective. Compliance with a particular lease term is a permissible legitimate business owner of a hosuing provider. Purely discriminatory motives, stigma, stereotypes, or assumptions never constitute a legitimate business interest.

A covered housing provider that has a legitimate business interest must also explain the link between that interest and a renter or buyer’s particular reviewable conviction(s) in light of the individual information and circumstances to justify a decision to revoke the conditional offer of housing. The existence of a conviction alone never creates that link.

The Commission or a court are the entities with the authority to determine if a covered housing provider’s proffered basis for revoking a conditional offer of housing is a legitimate business interest of the housing provider. This determination will be based on specific facts in light of the totality of the circumstances.

The general fact that an individual has a conviction is not a lawful basis for an adverse action and does not create a link between a person’s conviction and a legitimate business interest. Housing provider preferences or the preferences of existing tenants are also not permissible bases for a legitimate business interest.

The following are not legitimate business interests and do not establish a sufficient link to justify the decision of a covered housing provider to revoke an offer:

“I don’t want the building to be a hot spot for law enforcement”

“The applicant seems likely to commit another crime and I want tenant safety”

“This is a family building”

“We don’t want bad guys hanging around”

“My tenants don’t want criminals”

“My insurance rates will go up”

“This will impact my property value”

A legitimate business interest proffered on behalf of a housing provider is considered speculative if it is not based directly on relevant and credible evidence.

Can a Covered Housing Provider Ever Revoke a Conditional Offer Without Conducting an Individualized Assessment?

A covered housing provider may revoke a conditional offer if they show new, non-criminal information that impacts an applicant's qualifications for tenancy that they did not know at the time of your conditional offer.

A covered housing provider may never revoke a conditional offer just because an applicant has a criminal conviction(s).

What are Adverse Actions in Housing that Violate the NYC Fair Chance Housing Law?

The denial of application for housing or the failure to renew a lease on the basis of criminal history is lawful if done in compliance with the provisions of the Fair Chance Housing Law

Offering different terms and conditions in a lease or sale, imposing higher application fees, changing terms when making an offer of housing, or requiring a co-signer based on criminal history when a co-signor is not required for other applicants is unlawful.

Is it Now Illegal for Covered Housing Providers to Conduct Criminal Background Checks?

No. The NYC Fair Chance Housing Law does not prohibit criminal background checks. The Law also does not require background checks.

What the Law does is place guardrails on WHEN and HOW conviction histories can be used in the housing rental and sales process in New York City.

I am a Small Landlord with 4 Units in My building - Do I Have to Follow the NYC Fair Chance Housing Process if I Choose to Conduct a Criminal Background Check?

Yes – most housing providers with 3 or more units for rental or sales, including coop and condo sales have to comply with the Fair Chance Housing Law.

NYC housing providers that must follow NYC Fair Chance Housing Process, and all parts of the Human Rights Law include:

Housing owners, lessors, lessees, sublessees, assignees, and managing agents

Those with the right to sell, rent or lease housing

Those who have the right to approve the sale, rental or lease of housing

Real estate brokers or agents or employees of a real estate broker

(For exceptions, see “Are There Housing Providers that Do Not Need to Comply with the Fair Chance Housing Law?”)

As a Licensed Salesperson or Broker, am I Responsible for the Actions of my Agents, Employees, Independent contractors, and/or Unlicensed Workers?

Yes. You are responsible for the actions of anyone who works under your broker's license or holds themselves out as an agent of your brokerage company.

How do I Know if the Housing I Own/Rent/Manage/Am Showing has to be Offered in Compliance with NYC Human Rights Law?

Most housing rentals and sales, including cooperatives and condos in New York City are covered by the Law, including subdivisions, single room units, and illegal units.

See "Are There Housing Providers that Do Not Need to Comply with the Fair Chance Housing Law?"

What if Someone Commits a Crime on My Property after I Rent to Them?

The New York City Fair Chance Housing Law does not prohibit a covered housing provider from taking lawful action against a person, including a current tenant, for acts of physical violence committed by such individual against other persons or property on the premises, or other acts that would negatively affect the health, safety, or welfare of other residents.

The New York City Fair Chance Housing act prevents adverse action on the sole basis of criminal history.

An arrest alone - on the property or elsewhere - is not sufficient evidence that an act occurred. An arrest alone cannot be the basis of an adverse action.

Renter and Buyer Rights Under the Fair Chance Housing Law

Do I Have Protections Under the NYC Fair Chance Housing Law?

You have Fair Chance Rights when seeking to rent or buy housing in NYC, including cooperatives and condos, subdivisions, single room units, and units that are not legally registered or leasable.

(See "Are There Housing Providers that Do Not Need to Comply with the Fair Chance Housing Law?")

Is it Legal for a Landlord to Treat me Differently from Other Applicants, Such as by Demanding a Higher Security Deposit, Charging Higher Rent, or Providing Fewer Services Because of my Criminal Record?

No. Covered housing providers may not discriminate in the terms, conditions, or privileges of the sale, lease, or rental of a housing accommodation solely on the basis of a conviction or other criminal history.

A covered housing provider can review certain convictions and evaluate if there is a link between the landlord’s legitimate, non-discriminatory interest and the specific individual’s history. This evaluation must include the opportunity for tenants and applicants to provide information in support of their tenancy.

Can a criminal background check take place before I am offered housing?

Generally, no. Most housing providers must make a conditional offer of housing via lease or rental agreement BEFORE running a criminal background check. Conviction information can only be asked about or considered AFTER a housing provider offers a unit. Housing providers that fall into an exception can run a criminal background check before a conditional offer of housing if they are required or specifically authorized to do so.

I have Submitted my Application. What Does the Fair Chance Housing Law Require of Housing Providers Who Plan to do a Criminal Background Check?

Covered housing providers can only conduct criminal background checks AFTER assessing housing eligibility and making a conditional offer of housing in writing via lease, rental, or sale agreement that commits a unit to an applicant.

Covered housing providers can only consider limited kinds of convictions and have to give housing applicants the opportunity to submit individual information in support of their application.

Covered housing providers have to

follow the Fair Chance Housing Process and

do a meaningful individualized assessment of an applicant based on all the information provided

Covered housing providers that want to revoke a conditional offer after the individualized assessment have to (1) show a legitimate business interest and (2) the link between that interest and the adverse action and (3) explain how they took individual information into account

(See “What is a legitimate business interest?” for more information about what counts as a legitimate business interest.)

What Is The Fair Chance Housing Process?

This is the process required by the NYC Fair Chance Housing Law for any housing provider that does not fall into the limited exceptions described in the Exceptions section of this FAQ.

The Fair Chance Housing Process, outlined below, has to be followed AFTER a covered housing provider makes a conditional offer of housing and runs a background check if they are considering revoking an offer of housing or declining to renew a lease:

Give a renter or buyer a copy of all criminal history information they received and/ or reviewed

Allow a renter or buyer 5 business days to:

point out errors in the conviction history; and/or

identify that a conviction should not have been considered (i.e. it is not one of the 3 types of lawfully reviewable convictions) and/or

provide additional information on their background, qualifications, and/or other information that supports the application

(See “What are business days?” for how to calculate business days.)

If a covered housing provider follows the Fair Chance Housing Process, and still wants to revoke a conditional offer, they have to provide a written explanation to a renter or buyer with details about their decision.

What Parts of a Criminal Record Can Covered Housing Providers Look at?

Under the NYC Fair Chance Housing Law, most housing providers are ONLY permitted to consider very limited categories of convictions AFTER they make a conditional offer of housing.

The NYC Fair Chance Housing Law PLACES STRICT LIMITS on what criminal history a housing provider can consider. A housing provider can only consider certain convictions after making a conditional offer of housing. The convictions are:

Felony convictions where a person either:

was sentenced to incarceration, and has a date of release less than 5 years from the date of the housing application and the conviction is not for a registered sex offense. Parole or probation do not impact this timing.

was not sentenced to incarceration, and has a date of sentencing less than 5 years from the date of the housing application and the conviction is not for a registered sex offense. Parole or probation do not impact this timing.

Misdemeanor convictions where a person either:

was sentenced to incarceration, and has a date of release less than 3 years from the date of the housing application and the conviction is not for a registered sex offense. Parole or probation do not impact this timing.

was not sentenced to incarceration, and has a date of sentencing less than 3 years from the date of the housing application and the conviction is not for a registered sex offense. Parole or probation do not impact this timing.

Convictions, regardless of the time frame, that require the individual to register at the time of the background check on the New York State sex offense registry; the federal sex offense registry; or on the sex offense registry of another state

What Parts of a Criminal Record can Covered Housing Providers Never Look at?

The NYC Fair Chance Housing Law PROHIBITS most landlords FROM EVER looking at the following:

Arrests or criminal accusations with no further action or where a prosecutor declined to prosecute

Pending cases not yet adjudicated to a verdict

Records that have been expunged

Convictions of a non-criminal violation (such as disorderly conduct)

Convictions that have been sealed

Criminal actions that were concluded in favor of an individual, such as:

Acquittals

Dismissals

Verdicts that were set aside with no new trial or pending appeal

Judgments that were vacated with no new trial or pending appeal

Pending charges

Adjournments in Contemplation of Dismissal

Adjudications as a youthful offender or for juvenile delinquency

Matters that were disposed of under federal law or the law of a state other than New York that result in a status comparable to these excludable matters are also excludable. This includes:

Convictions for non-criminal offenses under federal law or the law of other states

Convictions under federal law or the law of other states for activity to support access to reproductive care or gender affirming care where the conduct would be lawful in New York State

Convictions for legally protected health activity as defined in NY State Criminal Procedure Law

Convictions for the possession of cannabis where the conduct would not be a felony in New York State

Any felony conviction where the date of release was more than 5 years ago if there was a period of incarceration OR where the sentencing took place more than 5 years ago if there was no incarceration

Any misdemeanor conviction where the date of release was more than 3 years ago if there was a period of incarceration OR where the sentencing took place more than 3 years ago if there was no incarceration.

*If a covered housing provider knowingly receives criminal history information other than reviewable criminal history information, there is a rebuttable presumption that the covered housing provider relied on that information.

As Someone Looking for Housing in NYC, How Can I Prepare?

Know the Law!: Different renters or buyers may want to take different steps depending on their circumstances. Most housing providers are prohibited from taking most criminal history into account when making housing decisions.

While the Law provides renters and buyers the opportunity to submit supportive documentation as part of the Fair Change Housing process, this is not mandatory. If a renter or buyer does not submit supportive documentation, they are still entitled to an individualized assessment as part of the Fair Chance Process. A housing provider would still need to establish a link between a legitimate business interest and a renter or buyer’s conviction(s) in order to lawfully revoke a conditional offer of housing.

Take steps to gather the following if you are able:

Documentation that supports your tenancy, including ability to pay, regardless of source of income.

This may include documentation of a voucher or other proof of ability to pay.

References, if applicable

This may include community members, clergy or religious leaders, teachers, or employers or colleagues

If you do not have a criminal history, any documentation of that fact.

If you are aware that there may be an inaccurate or misleading criminal history related to your name, information explaining that

If you have criminal history involvement that is NOT REVEWABLE (i.e.: not a recent felony or misdemeanor) information supporting that fact such as:

Documents that show any arrest or criminal legal involvement that was adjudicated in your favor or involved a youthful offender because this information is not reviewable

If you have a conviction that has been sealed, expunged, pardoned, was the subject of a certificate of relief from disabilities or otherwise nullified or vacated, documentation supporting this.

If you may have criminal legal system involvement:

Documents that show the category of offense, and dates of conviction, sentencing, and release from incarceration.

Documents with the case dispositions and dates because after a certain number of years, most criminal histories become off-limits for covered housing providers.

Any additional documents or information that help show a renter or buyers capacity to be a successful tenant or community member. Examples may include documentation showing:

Participation in

volunteer work and other community involvement,

community service programs,

educational programs,

workforce or skills development

counseling, social service programs, restorative justice practice

rehabilitation or treatment programs

Information or a references from

a roommate

a neighbor

program or shelter staff

clergy/religious leaders

A community based organization

A volunteer experience or a job

Changes in personal or family circumstances

I Received a Housing Application for an Apartment in NYC that Asks If I Have Ever Been Convicted of a Crime. Is This Legal?

This is likely illegal under the NYC Human Rights Law. Most housing providers must consider all your application materials and make a conditional housing offer before any statement about or inquiry into criminal history.

There are very limited exceptions described above

What Kinds of Statements by a Housing Provider Might Violate the Law?

Oral or written statements that express limits on applicants such as the following violate the NYC Human Rights Law, unless the housing provider falls into one of the Law’s limited exceptions:

“Felons will not be considered for housing”

“Applicants with criminal records not accepted"

“Fast track applicants for individuals with no conviction history”

Additionally, using housing applications that ask about criminal history prior to making a conditional housing offer also violates the law unless the housing provider falls into one of the Law’s limited exceptions.

What are Some Steps I can Take if I Think a Housing Provider has Discriminated Against me Based on my Criminal Record?

Individuals who experience discrimination that violates the New York City Human Rights Law, including Fair Chance Housing protections, should contact the New York City Commission on Human Rights to speak with Commission staff and learn what next steps are. This may include filing a formal complaint, pre-complaint intervention, or leaving a tip.

Individuals can contact the Commission by visiting this page of the Commission website, https://www.nyc.gov/site/cchr/about/report-discrimination.page, calling 212-416-0197, or visiting one of the Commission’s office locations.

You can also contact an attorney or service provider to learn more about your rights and to learn more about filing a complaint at the Commission or going to court.

The Commission cannot provide legal advice or represent individuals.

Enforcement

What Happens if the Law is Violated?

The Commission can order a respondent to cease and desist from engaging in the unlawful conduct; mandate policy change; and order a respondent to pay for emotional distress damages, among other remedies. The Commissioner may also assess civil penalties (paid to the City of New York) of up to $125,000 for violations, and up to $250,000 for violations that are the result of willful, wanton or malicious conduct, as well as require respondents to take other actions such as training for managers and employees.

Exceptions to the Fair Chance Housing Law

Are There Housing Providers that Do Not Need to Comply with the Fair Chance Housing Law?

Most housing in NYC is covered by the NYC Fair Chance Housing Law. The only exceptions are:

Housing providers renting or selling units in housing with 2 or fewer rooms or units if the provider or their family reside in one of the two rooms or units are exempt from the Fair Chance Housing Law.

State or federally funded housing providers, including public housing authorities that are required or authorized to take specific actions related to criminal history can take such specific actions without violating the NYC Fair Chance Housing Law. They must comply with all other parts and required processes of the Fair Chance Housing Law.