Can a NYC Landlord Ask About My Criminal History?

January 10, 2026

Imagine spotting your dream NYC apartment, only to face a nosy landlord demanding your criminal history upfront. Can they legally do that?

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

In the Big Apple, the Fair Chance Housing Act sets strict rules to protect renters like you. We'll break down when landlords can ask, post-offer assessments, crime-specific bans, your rights to dispute, violation penalties, and practical steps to fight back.

Ready to know your rights? Let's dive in!

NYC Laws on Criminal History Inquiries

New York City's Fair Chance Housing Act (Local Law 63 of 2020) prohibits landlords from asking about criminal history until after a conditional offer. This law, passed in June 2020, builds on NYC's Fair Chance for Employment Act. It aims to curb housing discrimination for those with records.

The NYC Commission on Human Rights received over 1,200 housing discrimination complaints in 2022. About 15% involved criminal records. NYC Admin Code 8-107(25) codifies these protections against blanket denials in tenant screening.

Landlords must wait for a written conditional offer before any criminal inquiries. This applies to rental applications, co-ops, condos, and brokers. Violations can lead to complaints with the NYC Commission on Human Rights.

Article 23-A of the NYC Correction Law supports this by requiring an individualized assessment post-offer. Factors include the nature of the offense, time elapsed, and rehabilitation evidence. This promotes fair housing for reentry and reduces disparate impact.

Fair Chance Housing Act Overview

The Fair Chance Housing Act bans all housing providers, including landlords, co-ops, condos, and brokers, from inquiring about criminal history on rental applications or during interviews until a written conditional offer is made. This gives applicants a fair shot without upfront stigma. It aligns with New York State Human Rights Law and HUD guidelines.

Core prohibitions include no pre-offer questions about arrests or convictions. Landlords cannot search public databases or ask references about records. Requiring disclosure forms too early also violates the law.

NYC Admin Code 8-107(25)(a) states: "It shall be unlawful discriminatory housing practice for any housing provider to make any inquiry about criminal history prior to making a conditional offer." A sample prohibited question is Have you ever been arrested?. This protects against proxy discrimination in tenant screening.

Post-offer, providers conduct an individualized assessment under Article 23-A. They consider direct relationship to tenancy, public safety risk, and rehabilitation. Experts recommend documenting case-by-case evaluations to avoid liability.

Prohibited Pre-Conditional Offer Questions

Landlords cannot ask Have you ever been convicted of a crime? or run background checks through TransUnion Rental Screening before extending a conditional offer letter. This includes seven specific prohibited actions in tenant screening. FCRA compliance requires waiting for consent post-offer.

Application box asking Criminal convictions? on rental forms.
Interview question like Any felony record? during showings.
Google search for applicant's name plus arrest.
Asking current landlord about criminal history.
Requiring FCRA authorization pre-offer for investigative reports.
Checking sex offender registry before conditional offer.
Reviewing social media for criminal history clues.

These restrictions prevent disparate treatment and unintentional discrimination. Third-party screening companies must follow NYC Human Rights Law. Landlords risk civil rights complaints or lawsuits for violations.

Practical advice: Train property managers on prohibited inquiries. Use compliant application templates. After offer, provide adverse action notices if denying based on records, per FCRA and fair housing rules.

When Landlords Can Ask About Criminal Records

Landlords may only inquire about criminal convictions after providing a written conditional offer, and even then must conduct an individualized assessment using Article 23-A factors before denying housing. This rule stems from NYC HRL 8-107(25)(b), part of the Fair Chance Housing Act. It protects tenant rights under New York City housing laws.

The three-step post-offer process is mandated by law. First, the landlord sends a conditional offer. Second, they request disclosure of conviction history within five days. Third, they perform a case-by-case evaluation before any denial.

Second Circuit precedent supports these timing requirements, emphasizing strict adherence to prevent housing discrimination. The timeline runs as follows: offer, then disclosure request, a 5-day response window, and finally an assessment period. Violations can lead to complaints with the NYC Commission on Human Rights.

For reentry housing seekers with felony convictions or misdemeanor records, this process ensures fair tenant screening. Landlords must avoid prohibited inquiries into arrest history or sealed records early on. Experts recommend documenting every step for compliance.

Post-Conditional Offer Timing

After delivering a written conditional offer via email or certified mail, landlords have a 5-business-day window to request criminal history disclosure before proceeding with final approval. This aligns with NYC ban the box law and New York State Human Rights Law. The offer letter should include sample language like "Subject to background verification including criminal history review."

Here is the required numbered timeline for tenant screening:

Day 0: Landlord sends conditional offer letter outlining next steps.
Days 1-5: Applicant responds with conviction records, such as felony or misdemeanor details.
Days 6-14: Landlord conducts individualized assessment using Article 23-A factors.
Day 15: Landlord issues final decision, providing adverse action notice if denied under FCRA compliance.

This structure prevents premature background checks and supports fair housing. Property managers using third-party screening must ensure timeline adherence. Delays can expose landlords to discrimination lawsuits.

Practical tip: Track dates carefully in multifamily housing or single-family rentals. Include consent forms only after the offer. This protects against claims of disparate impact from algorithmic screening.

Individual Assessment Requirements

NY courts require landlords to apply Article 23-A's 8-factor test, weighing the direct relationship between the conviction and rental safety against evidence of rehabilitation. This is key to landlord rights and tenant rights balance under NYC Human Rights Law. Skipping it voids any affirmative defense in housing court.

The eight Article 23-A factors, with rental examples, are:

Nature and seriousness of offense: Drug possession differs from violent crime in public safety risk.
Time elapsed: 3 years since conviction versus 15 years affects relevance.
Age at time of offense: Teen shoplifting versus adult fraud shows maturity growth.
Evidence of rehabilitation: Vocational certificate or 2 years clean on parole status.
Employment history: Steady job post-probation supports reliability.
Character references: Letters from employers or community leaders.
Job performance history: Positive records reduce concerns.
Impact on public safety: Does the conviction relate to tenancy duties?

Landlords should use a scoring matrix example internally: Rate each factor low, medium, or high risk, then justify decisions in writing. This aids FCRA adverse action notices and pre-adverse action notices. Consider certificate of relief from disabilities for stronger rehabilitation evidence.

For co-op boards or condo associations, apply this in lease agreements. Failure invites NY Attorney General scrutiny or civil rights complaints. Best practices include compliance training to avoid pattern or practice discrimination.

Specific Restrictions by Crime Type

While no crime type creates automatic disqualification, sex offenses and recent violent felonies trigger heightened scrutiny under public safety considerations in the individual assessment.

NYC landlords must conduct a case-by-case evaluation under the Fair Chance Housing Act and Article 23-A. This means reviewing the nature of the offense, time elapsed since conviction, and rehabilitation evidence for every criminal record.

The table below compares key crime categories. It outlines whether auto-disqualification applies, main assessment focuses, and typical outcomes during tenant screening.

Crime Type	Auto-Disqualify?	Assessment Focus	Example Outcomes
Sex offenses	No	Level 1 registry strictest; verify via NY DCJS database	Level 1 often approved with clearance; higher levels denied if public safety risk
Violent felonies	No	Recent cases risky; parole status and victim safety	Older convictions approved with rehabilitation evidence; recent ones often rejected
Drug offenses	No	Treatment completion key; probation status	Completion of rehab programs leads to approval; active use flags denial
Property crimes	No	Low risk; time elapsed since conviction	Theft or burglary from years ago rarely impacts; recent patterns may disqualify
Misdemeanors	No	Minor impact; direct relationship test	Disorderly conduct or trespass seldom blocks; multiple recent ones scrutinized

Housing providers in multifamily housing or co-op boards use this framework to avoid housing discrimination claims. Tenants with a certificate of relief or sealed records gain stronger positions in rental applications.

Sex Offenses and Violent Crimes

Level 1 sex offenders (low risk) have successfully challenged denials in NYC Housing Court when landlords failed to document specific safety threats to the property.

For high-risk crimes like sex offenses and violent felonies, landlords face strict assessment requirements. They must verify registry level via the NY Sex Offender Registry through the NY DCJS database. This step ensures accurate classification under New York State Human Rights Law.

Key requirements include documenting specific victim safety concerns, obtaining a parole officer clearance letter, and considering unit location such as ground floor versus upper floors. A 2022 NY Court of Appeals case overturned a blanket sex offender ban, mandating individualized assessment over categorical exclusions.

Verify Level 1, 2, or 3 status first to gauge public safety risk.
Request parole or probation status documentation for recent violent crimes.
Evaluate reentry housing needs and rehabilitation evidence like vocational expert testimony.
Balance landlord rights with tenant rights to prevent disparate impact claims.

Tenant Rights and Protections

Applicants must receive written notice of any criminal history-based denial with specific Article 23-A analysis, plus FCRA adverse action notices from third-party screeners. This requirement stems from NYC HRL 8-107(25)(c) and the Fair Credit Reporting Act (FCRA) 1681. Landlords in New York City must follow strict timelines to protect tenant rights under the Fair Chance Housing Act.

Five key mandatory applicant rights apply after assessment. First, applicants gain the right to a copy of their consumer report from any background check company. Second, they receive a pre-adverse action notice allowing time to dispute errors before a final decision.

Third, tenants have the right to a detailed Article 23-A evaluation explaining the denial, including factors like time elapsed since conviction and rehabilitation evidence. Fourth, applicants can request reasonable accommodations for sealed records or certificate of relief from civil disabilities. Fifth, they get instructions for filing a civil rights complaint with the NYC Commission on Human Rights.

Notices must arrive within set timelines, often via email or mail. Content includes a checklist: report copy, dispute rights summary, FCRA Summary of Rights, and landlord's individualized assessment. These protections prevent housing discrimination based on arrest history or conviction history.

Notice and Response Requirements

Landlords must provide both pre-adverse action notice (with 5-day dispute window) and final adverse action notice citing specific Article 23-A factors used in denial. The pre-adverse notice includes a copy of the investigative consumer report, dispute rights, and contact info for the third-party screener like TransUnion rental screening. This gives applicants time to correct errors in their criminal record.

Final denial notices detail the direct relationship test, public safety risk, and case-by-case evaluation under New York State Human Rights Law. They must include appeal instructions and reference to NYC ban the box law. Delivery requires 3-day email confirmation or certified mail.

A 2023 NYCCHR settlement highlighted risks, with a $15K penalty for missing notices in tenant screening. Here's a template breakdown:

Pre-adverse notice: Report copy, 5-day dispute window, screener contact.
Final denial: Article 23-A analysis (nature of offense, time elapsed), appeal process.
Summary of Rights: FCRA document on data privacy and corrections.

Property managers should use sample forms for FCRA compliance to avoid landlord liability in housing court or discrimination lawsuits.

Right to Dispute Records

Applicants have 5 days to dispute inaccurate records like sealed convictions, ACD dismissals, or misdemeanor acquittals before final denial. This right applies to tenant screening under NYC Human Rights Law and FCRA. Common issues arise from outdated or wrong data in background checks.

Six frequent disputed items include the following, each with a clear correction process:

Sealed convictions: Obtain court order proving seal under NY CPL.
ACD cases: Get DA certificate confirming adjournment in contemplation of dismissal.
Juvenile records: Automatically sealed, request confirmation from court clerk.
Expunged marijuana: Use NY CPL 160.50 for automatic relief on eligible drug offenses.
Wrong person match: Provide ID like driver's license to background check company.
Non-convictions: Submit acquittal papers or nolle prosequi dismissal.

Send disputes via certified mail or email with tracking. Include evidence like court disposition documents or certificate of relief. Landlords must pause decisions during review.

Sample dispute letter template: State your name, rental application details, disputed item (e.g., "sealed 2015 felony conviction"), attach proof, demand correction within 5 days, and request updated report. This process supports reentry housing and prevents disparate impact in apartment rentals.

Consequences for Landlord Violations

Violations trigger NYC Commission on Human Rights investigations, with median settlements of $20,000 plus policy changes; willful violations add punitive damages up to $100,000. The 2023 NYCCHR annual report notes 78 criminal record housing cases, resulting in $1.2M total penalties. This enforcement hierarchy protects tenant rights under the Fair Chance Housing Act and NYC Human Rights Law.

The New York Attorney General holds pattern or practice authority for systemic discrimination. Landlords face civil penalties, compensatory damages, and attorney fees in lawsuits. Housing providers must implement compliance training and policy updates to avoid repeat violations.

Real-world cases show housing discrimination penalties hit hard. A Brooklyn landlord settled for asking about arrest history before offers. Co-op boards banning felony convictions outright paid large sums after investigations.

Tenants can pursue remedies like back rent, moving costs, and emotional distress awards. Courts consider individualized assessment failures in awarding damages. Experts recommend landlords document direct relationship tests to defend against claims.

NYC Commission on Human Rights Enforcement

File complaints online at nyc.gov/humanrights within 1 year; 85% of investigated criminal history cases result in mediation or settlement. The process starts with a simple online complaint form that takes about 15 minutes. This enables renters facing prohibited inquiries on rental applications.

Next comes an intake interview around week 2 to gather details. Investigations then run 3 to 12 months, reviewing lease agreements and tenant screening practices. The agency examines if landlords ignored Article 23-A or conducted improper background checks.

Submit online complaint form (15 minutes).
Attend intake interview (Week 2).
Undergo investigation (3-12 months).
Reach conciliation or proceed to hearing.

Real examples highlight outcomes. A 2024 Brooklyn landlord paid $25K for pre-offer criminal questions. A Manhattan co-op settled for $50K over a blanket felony ban, forcing policy changes on conviction history reviews.

Practical Steps for Applicants

Get your NY DCJS rap sheet ($95), Certificate of Relief from Disabilities ($60), and character references ready before applying to boost your chances under New York City housing laws like the Fair Chance Housing Act.

These steps help you address criminal history proactively during tenant screening. Landlords in NYC face limits on prohibited inquiries about arrest history or conviction history under Article 23-A and the NYC Human Rights Law.

Prepare evidence of rehabilitation evidence to show an individualized assessment favors you. This counters potential housing discrimination and supports fair housing practices.

Follow this 8-step checklist for rental applications in multifamily housing or co-op boards. It aligns with ban the box rules and HUD guidelines on criminal records.

8-Step Applicant Checklist

Order your DCJS rap sheet online for $95 to review your full criminal record, including sealed records or expunged records. This lets you correct errors before a landlord's background check.
Apply for a Certificate of Relief from Disabilities for $60 if eligible, which removes barriers from felony convictions or misdemeanor records under New York State Human Rights Law.
Gather 3 employer references on letterhead detailing your job history and reliability, as employment discrimination rules under EEOC guidance can parallel tenant rights.
Prepare a rehabilitation timeline outlining time elapsed since conviction, nature of offense, and steps like completing parole status or probation status successfully.
Use ban the box compliant applications that delay criminal history questions, per NYC ban the box law, to avoid early disparate impact in screening.
Document all communications with landlords or property managers, including consent forms for investigative consumer reports under FCRA compliance.
Call 311 for violations if a housing provider asks prohibited questions about police record or juvenile record, reporting to NYC Commission on Human Rights.
Contact Legal Aid for eviction defense or tenant advocacy groups for right to counsel in housing court, especially for reentry housing or supportive housing applicants.

Cost Breakdown

Item	Cost	Purpose
NY DCJS rap sheet	$95	Review conviction history and arrest history for accuracy before tenant screening.
Certificate of Relief	$60	Provide affirmative defense against discrimination for felony conviction or drug offense.
Character references	$0	Show rehabilitation evidence and counter public safety risk concerns.
Notary for docs	$10-20	Authenticate letters for co-op board or condo association applications.
Legal Aid consult	$0	Free advice on Fair Credit Reporting Act rights and adverse action notices.

Total upfront costs stay under $200 for most applicants. Free resources like legal hotlines reduce expenses further.

Additional Tips and Resources

Disclose only when required after a conditional offer, focusing on direct relationship test factors like offense type, such as disorderly conduct versus violent crime. Request reasonable accommodations if your record ties to disability discrimination.

For Section 8 voucher or NYCHA public housing, emphasize eviction prevention efforts. Track third-party screening from companies like TransUnion to ensure no AI bias in screening or proxy discrimination.

File a civil rights complaint with NY Attorney General if denied due to pattern or practice discrimination. Tenant unions offer pro bono services for housing justice in rent-stabilized apartments.

Exceptions and Special Cases

Single-family homeowners renting their primary residence and owners occupying >50% of units are exempt, but co-op/condo boards must still comply. This stems from the 50% occupancy rule established by the 2022 NY Court of Appeals. These exceptions allow limited inquiries into criminal history under specific conditions.

For single-family primary residences where the owner lives there full-time, landlords can ask about criminal records during tenant screening. The same applies to room rentals in owner-occupied buildings. However, these exemptions do not extend to larger multifamily housing under NYC Human Rights Law.

In buildings with fewer than four units that are owner-occupied, owners may inquire about conviction history if they reside in over half the units. Federal housing preferences represent rare cases, often tied to public safety. Super-specific safety threats require documented evidence, like prior tenant violence.

Single-family primary residence: Owner lives there and rents to one other household.
Room rentals in owner-occupied buildings: Direct oversight by the owner.
<4 unit owner-occupied: Owner must occupy more than 50% per court rule.
Federal housing preferences: Limited to specific programs with safety mandates.
Documented safety threats: Proven risks like repeated violent incidents.

Third-party managers must comply with Fair Chance Housing Act rules regardless of owner exemptions. Failing this invites housing discrimination claims from the NYC Commission on Human Rights.

Frequently Asked Questions

Can a NYC Landlord Ask About My Criminal History?

In New York City, landlords are generally prohibited from asking about or using most criminal history information in tenant screening under the Fair Chance for Housing Act (Local Law 63 of 2020). They cannot inquire about arrests that did not lead to conviction, adjudications in family court or youth part, sealed or expunged records, or convictions over three years old (excluding incarceration time). However, they can ask about certain specific recent convictions related to the safety of tenants or property.

Under what conditions can a NYC landlord ask about my criminal history?

A NYC landlord can only consider criminal history if it's relevant to the rental property's safety and security, and only for convictions within the past three years (plus incarceration time). They must provide a written copy of the criminal history report, allow 14 days to respond with mitigating evidence, and conduct an individualized assessment before denying housing based on it.

What should I do if a NYC landlord asks about my criminal history illegally?

If a NYC landlord asks about prohibited criminal history details, you can report them to the NYC Commission on Human Rights (CCHR). Provide evidence like emails or application forms. The CCHR enforces the law and can investigate discrimination claims, potentially leading to fines or required housing offers.

Does the NYC law on criminal history apply to all housing types?

Yes, the Fair Chance for Housing Act applies to most rental housing in NYC, including private landlords, brokers, and management companies with four or more units. Exemptions include owner-occupied buildings with fewer than four units, certain government-subsidized housing, and rooms in owner-occupied single-room occupancy units.

Can a NYC landlord run a criminal background check on me?

Landlords can run criminal background checks but must comply with NYC's Article 23-A of the Correction Law and the Fair Chance Act. They cannot ask for consent to check sealed records and must follow the notice, response, and assessment process if denying based on findings.

What criminal records can a NYC landlord legally consider from my history?

Only non-sealed convictions from the last three years (adjusted for incarceration), and only if they directly relate to tenant or property safety (e.g., recent violent felonies). They cannot discriminate based on marijuana convictions (per state law) or any arrests without convictions.