Fair Chance Act Bans Discrimination Based on Criminal History

The years of heated disagreement are almost over. On Jan. 1, 2025, the controversial Fair Chance For Housing Act will go into effect in New York City, making it illegal for housing providers, including co-op and condo boards, to refuse to sell or rent housing because of a person's criminal history.

The city council passed the law in late 2023 by a resounding 39-8 vote despite vigorous opposition from co-op and condo advocates and numerous landlord groups. One opponent called the legislation “one of the most controversial bills in city history” and “a perfect example of lawmakers prioritizing political agendas over sound policy.” A group of proponents called the bill "a bold step that gives people who have faced unending housing discrimination new hope in their search for homes."

The debate is now academic. Under the law, it will be illegal for housing providers to deny housing based on criminal history other than the applicant's "reviewable criminal history." This includes: a conviction registered on any state or federal sex offense registry; a misdemeanor conviction in any state that's less than three years old or a felony conviction in any state that's less than five years old. A review of this history can be conducted only after a co-op board has approved the transfer of shares in the cooperative. If the board decides to rescind approval of the sale based on the criminal history review, it must provide the applicant with the reasons for its decision in writing. The applicant then has the opportunity to address any errors in the conviction history.

The law does not prohibit housing providers from considering an applicant's physical violence or other acts that would adversely affect the health, safety of welfare of other residents. The law exempts one- and two-family owner-occupied homes, rented rooms in owner-occupied housing, and New York City Housing Authority properties. However, it does apply to apartment buyers in co-ops and subletters in co-ops and condominiums.

A group that campaigned hard on behalf of the law, the Fair Chance for Housing Coalition, notes that nearly 750,000 residents of New York City have a conviction record, and 80% of them are Black or Latino. When the bill passed, the coalition issued a statement: "This landmark civil rights legislation will help stop housing discrimination against New Yorkers with previous convictions and ensure that families who’ve been impacted by the criminal legal system have a fair shot at housing."