New York has a well-known reputation for some of the most tenant-friendly laws in the country, and recent legislation has further enhanced tenant protections. New York City’s Fair Chance for Housing Act, also known as Local Law 24, was enacted at the beginning of 2024 and went into effect as of January 1, 2025.
The Fair Chance for Housing Act aims to address discrimination in the housing application process against individuals with a criminal history. In this client alert we will address what owners, brokers, and other housing providers should know about the law, so as not to face financial and legal repercussions for failure to comply.
Prior to the enactment of Local Law 24, housing providers could run criminal background checks during the early stages of the housing application process. Under the Fair Chance for Housing Act, these providers can now only consider criminal history after determining a housing applicant’s other qualifications.
Local Law 24 generally prohibits housing discrimination on the basis of criminal history with certain exceptions. Housing providers can only reject applicants based on their “reviewable criminal history,” which includes registered sex offenses, misdemeanors convictions within the last 3 years, and felony convictions within the last 5 years. If the convictions have been sealed, expunged, pardoned, nullified, or vacated, they are not reviewable. Likewise, certain convictions in other jurisdictions that would not constitute a crime in New York may not be reviewable. Other exceptions to the law include certain protections for victims of domestic violences and certain owner-occupied properties with no more than two (2) units.
Additionally, housing providers must follow certain procedural requirements. Housing providers who choose to run criminal background checks as part of the application process should ensure the background check only includes reviewable history and must provide prior written notice to the applicant including a summary of their rights under the Act. Furthermore, a criminal background check may only be performed after all other pre-screening checks. If an applicant is rejected due to reviewable criminal history, the housing provider must provide the applicant with a copy of the report and allow the applicant an opportunity to correct any errors or provide mitigating information.
The full text of the legislation is available here.
The foregoing is not intended to be comprehensive nor constitute legal advice. If you would like to discuss your specific circumstances or would like more information, feel free to contact us at (212) 625-8505.