October 30, 2024

Starting on January 1, 2025, the Fair Chance for Housing Act will finally take effect. Initially, New York City adopted this Act, also known as Local Law 24, in 2023. This Act will change the regulations for conducting screenings that landlords and real estate brokers must follow. As such, anyone in New York City looking to rent or purchase a home may find the process easier next year.

The new Local Law 24 regulations significantly limit a landlord or real estate broker’s access to your criminal history when making leasing or sales decisions. As such, they cannot conduct criminal background checks before considering other relevant elements. Examples include tenant history, pets, and credit information. Housing providers must pre-qualify the applicant before issuing a lease offer or accepting a sales offer. They may conduct a criminal background check after following this process.

According to Local Law 24, these background checks must still adhere to the limitations of look-back periods. For felonies, this period is five years, and misdemeanor convictions have three years. This period begins from the date of release or sentencing if there is no incarceration.

After the background screening, the housing provider must send you a copy of any information or records they received from the screening. You will have up to five business days to respond with any corrections or additional information. The housing provider cannot revoke the offer during this time.

The housing provider can still withdraw their offer after the five business days, regardless of whether you responded. If they make this decision based on your criminal history, they must provide a written statement explaining the decision. The statement must include why the individual’s criminal history is relevant to a legitimate business interest for the housing provider. They must also include how they considered any information the potential tenant or buyer provided.

There are some exemptions to these limitations, including the following:

  • Leasing a room in a dwelling in the same housing accommodations in which a person or their family members live
  • Leasing apartments in small buildings for two families or smaller in which the owner or owner’s family also resides
  • Any entity required to perform background checks or reject individuals based on certain criminal histories may do so as long as they cite the particular law.

These new regulations should make obtaining housing easier for people with a criminal record. Potential tenants and buyers should consider running self-background checks before beginning their search. A self-check can help you prepare for what housing providers may see and correct any mistakes before providers see them.

Try running a self background check today and give yourself a head start on your next housing opportunity.

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