NEWS / Fair Chance for Housing Act: NYC Bans Most Tenant Criminal Background Checks Until Qualification Review

In a landmark move, the New York City Council passed the "Fair Chance for Housing Act" (Intro. 632-A) on Wednesday, December 20th, with 39 votes in favor and 8 against. This legislation effectively prohibits landlords from conducting criminal background checks on prospective tenants until after their other qualifications have been assessed, marking a significant step towards reducing barriers to housing for individuals with criminal records.

The bill's journey to finalization wasn't smooth. An earlier version sponsored by former Council Member Stephen Levin failed to pass last year. This time, after a public hearing on December 8th and careful consideration by the Committee on Civil and Human Rights, the legislation underwent revisions to address concerns from landlords and industry stakeholders.

Council Member Keith Powers (D-Manhattan), the bill's current sponsor, emphasized its alignment with the recently enacted Clean Slate Act, which allows New Yorkers to seal their criminal records under certain conditions. "Stable housing is the foundation of a stable life," Powers was quoted by The Brooklyn Paper as stating, highlighting the struggle of formerly incarcerated individuals in finding housing, which in turn hinders their reintegration into society. He credited months of collaborative efforts with advocates and industry representatives for shaping the final version of the bill.

The Fair Chance for Housing Act, slated to take effect on January 1st, 2025, outlines specific parameters for background checks. While a complete ban applies to most criminal records during the initial qualification review, registered sex offenses, misdemeanors, and felonies can be considered for three or five years, respectively, following the completion of a prison sentence. For non-incarcerated convictions, the reviewable window also remains three or five years from the conviction date.

Importantly, landlords rejecting an applicant based on their reviewable criminal history must provide a written explanation aligned with the new law's guidelines. The legislation exempts two-family owner-occupied dwellings and rooms within such premises from its purview.

Council Member Nantasha Williams (D-Queens), who chairs the Committee on Civil and Human Rights, expressed optimism about the bill's positive impact. "Finding stable long-term housing is crucial for justice-involved individuals to rebuild their lives and rejoin society," she stated. "I believe this bill can help many New Yorkers seeking a fresh start."

The Fair Chance for Housing Act represents a significant advancement in promoting fair housing practices in NYC. By eliminating unnecessary hurdles for individuals with criminal records, the legislation strives to create a more inclusive and equitable housing environment, paving the way for a second chance and stronger communities.

The debate surrounding tenant screening and criminal records is likely to continue, with proponents highlighting the importance of second chances and rehabilitation, while opponents may raise concerns about public safety and tenant selection. However, the passage of this Act signifies a critical step towards recognizing the complex realities of reintegration and the fundamental right to safe and secure housing for all New Yorkers.

A&M Logos International can retrieve your criminal record from New York and most other states. We can also provide free guidance on how to apply for an FBI background check, and apostille or authenticate any US-issued background check for use in any foreign country. Call us today at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply on our website.