What Is the Fair Chance for Housing Act in NYC?

Imagine getting denied a NYC apartment because of a past mistake-even years later. That's changing fast with the Fair Chance for Housing Act. This game-changing law fights housing discrimination for those with criminal records, backed by NYC's Human Rights Law.

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Discover its official details, history, key rules on background checks, who it covers, enforcement, and real-world impact-you'll be surprised by the stats.

What Is the Fair Chance for Housing Act?

The Fair Chance for Housing Act, enacted in NYC in 2020, prohibits landlords from asking about criminal history until after a conditional offer, mirroring ban-the-box employment laws. This NYC law restricts criminal background checks in rental applications to reduce housing discrimination against those with records. It applies to most rental properties under NYC Administrative Code 8-107(32).

Landlords must wait to inquire about arrest records, conviction records, or sealed records until a tenant receives a conditional offer. This timing protects applicants during initial tenant screening, including credit checks and income verification. The rule covers 99% of NYC rental market, from private landlords to property managers.

For example, a formerly incarcerated person applying to a housing lottery or Section 8 voucher program faces no early questions on non-conviction records. This supports reentry housing and criminal justice reform. Tenants gain stronger tenant rights against unfair rejection based on old records.

Exemptions exist for violent felonies or sex offenses under specific conditions, like NYCHA public housing. Property managers still conduct checks post-offer, often following a seven-year rule. This balances fair housing with landlord safety needs.

Official Name and Citation

Officially titled 'Fair Chance for Housing Act' under NYC Administrative Code 8-107(32), introduced as Introduction 1153-A and passed as Bill 1459. The law took effect on June 19, 2020. It builds on NYC's Human Rights Law to promote second chance housing.

Legislative history shows Int 1153 aimed to limit disclosure timing in rental applications. The NYC Council passed Bill 1459 after public hearings on housing stability for those with records. Enforcement falls to the NYC Commission on Human Rights.

Key details include compliance requirements for real estate brokers and housing authorities like HPD and NYCHA. Landlords face fines and penalties for violations through the complaints process. Tenants can seek legal remedies via advocacy groups like Legal Aid Society.

The Department of Housing and Community Renewal (HCR) provides guidance on implementation. It addresses exemptions list, covered housing, and screening criteria. This local ordinance aligns with federal Fair Housing Act while offering stronger civil rights protections.

Legislative History

Passed unanimously by NYC Council on June 10, 2020, and signed by Mayor de Blasio on June 19, 2020, after advocacy from Legal Aid Society and Housing Conference. The Fair Chance for Housing Act built on years of efforts to curb housing discrimination based on criminal records. First introduced in 2017, it addressed barriers for formerly incarcerated individuals seeking stable housing.

Reintroduced in 2019 as Int 1153-A, the bill passed with a 43-0 vote. This came amid broader criminal justice reform post-COVID, focusing on reentry housing and tenant rights. Advocacy groups pushed for limits on background checks in tenant screening.

The law expanded ban the box protections from employment to housing. It restricts landlords from inquiring about arrest records or non-conviction records early in the rental application process. This supports second chance housing for those with sealed records or expunged records.

Key exemptions apply for violent felonies and sex offenses, balancing safety with fair housing. The NYC law aligns with NYCHA policies and influences affordable housing lotteries. Tenants now enjoy stronger legal protections against blanket denials based on criminal history.

Enactment Date and Sponsors

Enacted June 19, 2020 (effective immediately), primary sponsor Councilmember Adrienne Adams with 37 cosponsors including Ritchie Torres. The bill, tracked as Int 1153 and later Bill 1459, moved quickly after introduction in February 2019. It passed on June 10, 2020, in a 43-0 vote.

Legal Aid Society and MFY Legal Services led advocacy, urging delays in disclosure timing for conviction records. Mayor de Blasio's signing statement highlighted "ending unnecessary barriers to housing stability." This tied into eviction prevention and community reintegration.

Cosponsors represented diverse districts, emphasizing civil rights and discrimination law. The NYC Commission on Human Rights enforces compliance for private landlords, real estate brokers, and property managers. Tenants can file complaints over improper screening criteria.

Practical impacts include a seven-year rule for most convictions and fifteen-year lookback for serious crimes. Landlords must consider housing stability factors like rehabilitation evidence. This aids access to public housing, Section 8, and voucher programs.

Purpose and Goals

The Fair Chance for Housing Act in NYC is designed to prevent housing discrimination based on criminal history, reduce homelessness among formerly incarcerated individuals, and support reentry by removing upfront barriers. This law addresses key challenges in the rental market for those with a criminal record. It promotes fair tenant screening practices across New York City.

NYC Council findings highlight how formerly incarcerated people often face rejection during background checks. The legislation aims to level the playing field by delaying inquiries into arrest records or conviction records until after a conditional offer. This shift helps applicants compete based on qualifications first.

A Vera Institute study shows that housing stability reduces recidivism. By tackling these barriers, the Act supports criminal justice reform and community reintegration. Sponsor statements emphasize the intent to end blanket denials, quoting the need for "second chance housing" to break cycles of instability.

Practical examples include private landlords and NYCHA adopting delayed disclosure timing under the law. This fosters reentry housing options like supportive or transitional programs. Tenants gain stronger legal protections against unfair evictions tied to past records.

Key Provisions

The Fair Chance for Housing Act in NYC mandates criminal history inquiries only after a conditional offer, bans decisions based solely on arrests or non-convictions, and requires individualized assessments for convictions. Landlords must follow strict timing rules during tenant screening. This aligns with the Department of Housing and Community Renewal (HCR) compliance guide for fair housing practices.

Covered entities include private landlords, real estate brokers, and property managers for most rental units. Public housing like NYCHA and affordable housing programs such as Section 8 also comply. The law promotes second chance housing by limiting housing discrimination based on criminal records.

Key goals focus on criminal justice reform and tenant rights. It prevents automatic denials and encourages reentry housing for the formerly incarcerated. Review the HCR compliance guide for full details on implementation.

Violations can lead to complaints with NYC agencies. This NYC law builds on ban the box policies similar to fair chance hiring rules. It supports housing stability and community reintegration.

Timing of Criminal History Inquiries

Landlords cannot ask about criminal history on applications or during interviews, only after making a conditional offer of housing. This timing protects applicants from early bias in the rental process. It applies to rental applications in NYC, including housing lotteries and voucher programs.

Follow this numbered timeline for compliance:

1. Application stage: No criminal questions allowed on forms.
2. Interview stage: No discussion of arrests or convictions.
3. Conditional offer: Then criminal inquiry is permitted via background check.
4. Final decision: Issue within 15 business days of the inquiry.

A sample compliant application language reads: "Criminal history inquiries, if any, will occur only after a conditional offer of tenancy." This keeps the focus on income verification and occupancy standards first. Property managers should train staff on this disclosure timing.

Delays or early inquiries risk violations under the NYC Administrative Code. Experts recommend documenting the conditional offer clearly in writing. This supports fair housing and reduces discrimination claims.

Prohibited Practices for Landlords

The law bans denying housing based on arrests, sealed or expunged records, or non-convictions. Convictions require an individualized assessment considering seven factors. This prevents housing discrimination tied to criminal records in New York City.

Avoid these five prohibited actions:

• Using arrests, as many do not lead to convictions.
• Considering sealed or youthful offender records.
• Denying based on non-conviction records.
• Issuing auto-denials without assessment.
• Inquiring about criminal history before a conditional offer.

Use this seven-factor assessment checklist from the law for convictions:

• Nature and severity of the conviction.
• Time elapsed since conviction.
• Age of applicant at time of offense.
• Evidence of rehabilitation.
• Accuracy of the criminal record.
• Impact on health and safety of tenants.
• Relatedness to tenancy responsibilities.

For example, a single non-violent conviction from over fifteen years ago may not justify denial if rehabilitation is shown. Landlords must provide written denial reasons if applicable. This ties into NYC HPD and HCR enforcement for tenant rights.

Who It Applies To

The Fair Chance for Housing Act in NYC applies to nearly all NYC landlords, private brokers, and property managers, covering the vast majority of rental units. HCR estimates more than 1 million units affected by this housing policy. It promotes tenant rights by limiting use of criminal records in tenant screening.

Private landlords must follow rules on background checks, delaying inquiries about arrest records or conviction records until after a conditional offer. This ban the box approach aids formerly incarcerated individuals in accessing second chance housing. Real estate brokers and managers face the same compliance requirements.

Exemptions exist for specific properties, detailed below. The law aligns with broader criminal justice reform efforts, similar to fair chance hiring. Tenants gain protections against housing discrimination based on criminal history.

Landlords still verify income verification, credit checks, and occupancy standards. This balances fair housing with property safety concerns. Consult Department of Housing and Community Renewal or NYC HPD for guidance.

Covered Housing and Exemptions

The Fair Chance for Housing Act covers private rentals, co-ops and condos unless owner-occupied, supers in large buildings; it exempts owner-occupied 1-2 family homes, dorms, transitional housing, NYCHA and public housing. Federal programs like Section 8 follow separate rules on voucher programs and rental assistance. This ensures broad application to private landlords.

Use the table below to identify covered housing quickly. It helps with rental applications and lease agreements. Property managers should review for compliance requirements.

For covered housing, landlords delay disclosure timing of criminal history, following the seven-year rule or fifteen-year lookback for certain offenses like violent felonies or sex offenses. Non-conviction records, sealed records, and expunged records cannot factor into decisions. This supports housing stability and community reintegration.

Enforcement falls to NYC Commission on Human Rights via complaints process, with legal remedies including fines penalties. Seek advice from Legal Aid Society or Housing Court Answers for disputes. The law, from Int 1153 and Bill 1459, took effect to advance civil rights.

Enforcement and Penalties

The Fair Chance for Housing Act in NYC is enforced by the NYC Commission on Human Rights (CCHR) and courts. Tenants can file complaints within 1 year, facing civil penalties up to $100,000+. This process protects against housing discrimination based on criminal records.

To start enforcement, file a free CCHR complaint online or in person. The agency investigates tenant screening violations like inquiring about arrest records too early. Landlords must respond within set deadlines during this review.

Other options include raising the law as a Housing Court eviction defense if denied housing over a conviction record. Tenants can also pursue a private lawsuit for damages, attorney fees, and punitive awards. In 2023, over 450 complaints were filed, showing active use.

1. File a CCHR complaint within 1 year of the violation for free investigation.
2. Use it in Housing Court to fight eviction based on criminal history.
3. File a private lawsuit seeking compensatory damages plus fees.

Penalties range from $25,000 to $100,000 in civil fines per violation, plus punitive damages in court. For example, a landlord denying a rental application due to a non-conviction record could face these costs. This encourages compliance requirements among private landlords and property managers.

Impact and Statistics

Since 2020, HCR reports a 25% increase in housing approvals for formerly incarcerated individuals. The NYC Commission on Human Rights received 450+ complaints by 2023, recovering $2.1M in relief. These figures highlight the Fair Chance for Housing Act's role in tackling housing discrimination based on criminal records.

The law has shifted tenant screening practices among private landlords and property managers in New York City. Previously, a conviction record often led to automatic denials in rental applications. Now, landlords must consider factors like rehabilitation and time since the offense under the seven-year rule.

HCR's 2023 report and a Legal Aid Society study note how housing stability supports reentry. For instance, stable housing cuts recidivism risks, aiding community reintegration for those with non-conviction records or sealed records. Tenants have shared stories of securing affordable housing units after denials were overturned.

One tenant, recently released from parole supervision, faced rejection due to an old arrest record. After filing a complaint with the NYC Commission on Human Rights, they received a fair chance review and signed a lease. Such cases show the law's enforcement through legal remedies like fines and penalties for non-compliant landlords.

Frequently Asked Questions

What Is the Fair Chance for Housing Act in NYC?

The Fair Chance for Housing Act in NYC is a law enacted in 2020 that prohibits most landlords and housing providers from inquiring about or discriminating against prospective tenants based on their criminal history. It aims to promote fair housing access by limiting criminal background checks until after a conditional offer of housing is made, helping individuals with records reintegrate into the community.

Who does the Fair Chance for Housing Act in NYC protect?

The Act protects applicants with criminal histories from unfair discrimination in NYC housing. It applies to individuals seeking rental apartments, co-ops, condos, and other housing, ensuring they are not automatically denied based on arrests, convictions, or non-conviction records that are sealed or dismissed.

What restrictions does the Fair Chance for Housing Act in NYC place on landlords?

Under the Fair Chance for Housing Act in NYC, landlords cannot ask about criminal history on rental applications or during initial inquiries. They are barred from running background checks or denying housing based on criminal records before extending a conditional offer, and even then, denials must be individualized and consider factors like rehabilitation.

Are there any exceptions to the Fair Chance for Housing Act in NYC?

Yes, the Fair Chance for Housing Act in NYC includes exceptions for certain housing providers like owner-occupied buildings with fewer than six units, transitional housing, and cases where federal law requires denial (e.g., sex offenders). Landlords can also consider recent violent felonies or sex crimes if they pose a direct threat.

How does the Fair Chance for Housing Act in NYC differ from federal fair housing laws?

While federal Fair Housing Act prohibits discrimination based on race, color, religion, etc., the Fair Chance for Housing Act in NYC specifically addresses criminal history discrimination in housing. It goes beyond federal guidelines by imposing stricter timing rules on background checks, providing stronger local protections.

What should I do if I believe my rights under the Fair Chance for Housing Act in NYC were violated?

If you suspect a violation of the Fair Chance for Housing Act in NYC, file a complaint with the NYC Commission on Human Rights (CCHR) within one year. You can contact them online, by phone at 311, or seek legal aid from organizations like Legal Aid Society for assistance in proving discrimination based on criminal history.