Criminal Background Checks in Housing In New York
In New York, the intersection of criminal background checks and fair housing laws is a complex legal issue that housing providers must navigate with care.
While individuals with a criminal conviction history are not considered a protected class under fair housing laws, blanket policies that exclude all persons with a criminal history can lead to violations of these laws.
This article will discuss the legal considerations surrounding criminal background checks in housing and the implications of the newly signed Clean Slate Act in New York.
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Legal Opinion on Criminal Background Checks
According to private association, industry and in-house legal opinions, housing providers in New York may conduct criminal background checks on applicants, provided that two conditions are met.
First, the policy to perform such checks must be applied uniformly to all applicants. Second, in the event that an applicant has a criminal background, the decision to reject the application must take into account the nature and severity of the crime, as well as the time elapsed since the crime occurred.
This approach ensures that housing opportunities are not unjustly withheld and that each application is assessed on a case-by-case basis.
The Clean Slate Act’s Impact on Housing
On November 16, 2023, New York Governor Kathy Hochul signed Assembly Bill 1029C, known as the “Clean Slate Act” (the “Law”), which will come into effect on November 16, 2024.
The Law establishes a process for individuals with criminal records to have their records expunged or sealed from public view.
Traffic and vehicle infractions will be sealed after three years, misdemeanors after at least three years post-sentence or release, and felonies after at least eight years post-sentence or release.
The Law aims to remove barriers to employment and housing opportunities for individuals with criminal records, offering them a fresh start.
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Future Legislative Developments
It is important for housing providers and applicants to stay informed about legislative changes affecting criminal background checks.
We are committed to providing updates on such legislation, including the upcoming City Council law (Intro 632-A), which will take effect in January 2025.
This law will further limit the scope of criminal history that can be reviewed during the application process for residential sales or leases, reflecting the ongoing legislative efforts to balance public safety with fair housing opportunities.
Navigating Criminal Background Checks in Housing
Housing providers in New York must carefully consider their policies on criminal background checks to comply with fair housing laws and upcoming legislation.
The Clean Slate Act represents a significant shift in how criminal records will impact access to housing.
By understanding and adapting to these legal changes, housing providers can ensure they are making informed decisions that respect the rights of all applicants while maintaining compliance with the law.
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