If a housing provider chooses to use a background check, they must first review all relevant factors except for criminal history (for example, the applicant’s credit score, income, tenant history, pets, etc.).

The housing provider pre-qualifies the potential tenant (or buyer in case of a home sale) and offers them a lease (or accepts their offer in a sale). They can then opt to conduct a background check (but they don’t have to!).

If you meet the requirements to rent or purchase, they must:

• Pre-approve you for the apartment or house.

• Hold the unit open while running the background check.

Yes. If a housing provider chooses to run a background check, they must:

• Get your permission to do it.

• Give you a copy of your rights: the Fair Chance Housing Notice.

• Send you the background report they receive.

NOTE! The maximum you may be required to pay for a background check is $20. Instead of paying, you are allowed to provide a background check report conducted within the last 30 days.

If a housing provider decides to conduct a background check, they can ONLY consider:

• Felony convictions within 5 years, and

• Misdemeanor convictions within 3 years

The time frames start at date of release from incarceration, or date of sentence if no incarceration.

Convictions on the national sex offender registry may be considered no matter how old, but the housing provider must do an individualized review. No other convictions are excluded from this law.

Even if a conviction falls within the 3 or 5-year period, they still have to do an individualized review.

Yes. The applicant has up to 5 business days after receiving the background check to follow up with the housing provider to correct any inaccuracies or present any supplemental information.

The housing provider cannot revoke the offer and must keep the housing unit open during this time.

If a housing provider decides to reject an applicant based on their reviewable criminal history (felony convictions within 5 years; misdemeanor convictions within 3), they must provide a written statement of the reason for the rejection showing:

1. Why the criminal history is relevant to a legitimate business interest of the property owner, and

2. How any information submitted in support of the applicant’s tenancy was taken into account.

Anyone with the right to rent or sell a housing unit, including:

• Landlords or other housing providers

• Brokers, rental agents, real state agents, and anyone acting as an agent of the owner

• Co-ops, condos, and home sales

The following types of housing providers are NOT required to follow this law:

1. Roommates – people who are renting a room (or rooms) while also residing in the same housing accommodation, or whose family members reside in the same housing accommodation.

2. Buildings with 2 or fewer units where the owner or owner’s family lives on-site.

3. Any entity required to deny housing to people convicted of specific offenses or required to do a background check by state or federal law or regulation. BUT the housing provider must explain why the law does not apply to them.

Housing providers are still allowed to check the federal and state sex offense registry and deny housing to a person on the registry if they follow the process above and provide notice and an opportunity to dispute the record and provide mitigating information.

It’s illegal for a landlord or housing provider to:

• Ask you if you have a criminal record before they’ve offered you a conditional lease or sale contract

• Run a background check before they’ve offered you a conditional lease or sale contract

• Run a background check without telling you first

• Consider any misdemeanors older than 3 years

• Consider any felonies older than 5 years

• Tell you the apartment is no longer available after they do a background check; they must give you 5 business days after receiving the background check to correct any inaccuracies or present any supplemental information.

Anyone who thinks that a housing provider has illegally discriminated against them can file a complaint with the New York City Commission on Human Rights. They can also file a private lawsuit. The Commission or the courts can require the housing provider to change their policies, provide compensation, or pay a penalty.