NYC Fair Chance Housing Law: Screening Steps

In New York City you may look at an applicant's criminal history only after you have checked everything else and made a written conditional offer, and even then only felony convictions from roughly the last five years, misdemeanor convictions from the last three years, and current sex-offense registration. If something turns up and you want to withdraw the offer, you must share the report, give the applicant five business days to respond, do an individualized assessment and explain your decision in writing.

These rules come from the Fair Chance Housing Law, Local Law 24 of 2024, which amended the NYC Human Rights Law and took effect on January 1, 2025. They apply to renters and buyers, including co-op and condo sales. This page summarizes guidance from the NYC Commission on Human Rights (CCHR); it is not legal advice.

Who must follow it

The law covers owners, sellers, landlords, property managers, brokers, licensed salespeople and their agents and employees, including co-op and condo boards that make housing decisions. It reaches most NYC housing: co-ops, condos, single-room units, subdivided units and illegal units.

• Exempt: housing with two or fewer rooms or units where the provider or a family member lives in one of them. (One FAQ on the CCHR page describes the threshold as "3 or more units" must comply, which is the same line.)
• Government-funded housing: public housing authorities and state- or federally funded providers may take actions specifically required or authorized by law, but must follow the rest of the law.

The required sequence

1. 1

   Screen for everything except criminal history

   Evaluate income or ability to pay, references and other lawful criteria first. Applications and ads may not ask about or limit criminal history.
2. 2

   Make a written conditional offer

   For a rental this is a lease or rental agreement; for a sale, an accepted offer that will not be revoked. Keep the unit available while the process runs.
3. 3

   Give the Fair Chance Housing Notice of Rights

   The Commission publishes the notice on its legal resources page. Provide it before running the check.
4. 4

   Run the check, limited to reviewable records

   Only recent felony and misdemeanor convictions and current sex-offense registration may be considered.
5. 5

   If you are considering a denial, share and wait

   Give the applicant a copy of all criminal history you received or reviewed and five business days to respond.
6. 6

   Do an individualized assessment

   Weigh the factors listed below, including anything the applicant sends. Complete it even if they do not respond.
7. 7

   Put any withdrawal in writing

   Explain the specific legitimate business interest, how it connects to the particular conviction, and how you considered the applicant’s information.

What you can and cannot consider

Probation or parole status does not extend the lookback. If you knowingly receive non-reviewable information, the Commission presumes you relied on it, though you can try to rebut that. The simplest protection is to ask your screening company to filter its report to reviewable records only.

The same rules bar treating applicants differently because of criminal history outside this process. The Commission lists offering different lease terms, charging higher application fees or requiring a co-signer you do not require of others as unlawful. Ads and applications also may not say things like "criminal background check required" or "no felons," unless another law specifically requires that language, in which case you must cite that law.

The five business days

Business days are Monday through Friday, excluding holidays. If the period ends on a holiday, the response is due the next business day. During this window the applicant can point out errors, flag records that should not have been considered, and send references, certificates or evidence of rehabilitation. They do not have to respond, and you still must complete the assessment.

The individualized assessment

The Commission lists these factors:

• The applicant's age when convicted
• How much time has passed since the offense
• Any bearing the offense has on the applicant's ability to meet the duties of the tenancy
• Information about rehabilitation or good conduct
• The city's policy of overcoming stigma and unnecessary exclusion from housing

A conviction alone never establishes the link to a legitimate business interest. The Commission gives "This is a family building" and "My insurance rates will go up" as examples of reasons that are not legitimate. Keep a written record of the assessment and your decision; the April 2025 Commission announcement tells providers to maintain those records.

Without an assessment, you may withdraw a conditional offer only for new non-criminal information, such as a material misrepresentation on the application or a change in qualifications you did not know about when you made the offer.

Check your next step

Answer a few questions to see whether the action you are about to take fits the required sequence.

Current tenants

The protections extend to current tenants, including lease renewals. The law does not stop you from taking lawful action over physical violence against people or property on the premises, or other acts that harm residents' health, safety or welfare. But an arrest alone is not enough evidence, and you cannot act solely on criminal history.

Penalties and enforcement

The Commission treats non-compliance as discrimination under the NYC Human Rights Law. Remedies include cease-and-desist orders, required policy changes, emotional distress damages for the applicant, training for managers and staff, and civil penalties of up to $125,000, or up to $250,000 for willful, wanton or malicious conduct. Applicants can report by calling 212-416-0197 or through the Commission's online form, generally within one year of the act.