NYC Fair Chance Housing law: criminal history and rentals

Since January 1, 2025, most New York City landlords can’t ask about or check your criminal history until after they have made you a written conditional offer, and even then they can look only at certain recent convictions. If a landlord then wants to back out because of what it found, it has to give you a copy of the record, five business days to respond, and a written reason tied to a real business concern.

The rule comes from the city’s Fair Chance for Housing law, enforced by the NYC Commission on Human Rights (CCHR). It covers rentals and sales, applies to brokers and management companies as well as owners, and comes with civil penalties of up to $125,000, or $250,000 for willful violations. This guide explains what a landlord can and can’t look at, the step-by-step process, and what to do if you think the law was broken.

Records a landlord can never consider

Some records are off limits at every stage, no matter how recent. CCHR’s guidance says housing providers may not ask about, search for, or use any of the following:

• Arrests, and cases where no charges were filed or the prosecutor declined to prosecute
• Pending cases, adjournments in contemplation of dismissal (ACDs), youthful offender and juvenile delinquency adjudications
• Cases that ended in your favor: acquittals, dismissals, and verdicts that were set aside
• Convictions that were sealed, expunged, vacated or nullified, or covered by an executive pardon or certificate of relief from disabilities
• Non-criminal violations, such as disorderly conduct
• Comparable matters decided under federal law or another state’s law, including non-criminal offenses there, and records involving lawful reproductive or gender-affirming care, legally protected health activity, or cannabis possession that would not be a felony in New York

If a background report includes any of these, the landlord has to ignore it. A tenant screening company that reports sealed or non-conviction records may also be breaking federal credit reporting rules; see our guide to tenant screening reports for how to dispute an inaccurate report.

What a landlord can review, and for how long

Even a reviewable conviction is not, by itself, a lawful reason to deny you. CCHR says a landlord may revoke an offer only if it has a specific, objective, non-discriminatory legitimate business interest that is directly linked to that conviction, and only after the individualized assessment described below.

The two-step process

The law splits screening into two stages so that you are judged on your qualifications first, before anyone looks at your record.

1. 1

   Step 1: Everything except criminal history

   The landlord reviews income, credit, rental history, references and any other non-criminal criteria. You can still be lawfully turned down at this stage for non-criminal reasons, as long as the reasons are not discriminatory.
2. 2

   Step 2: A written conditional offer

   If you pass, the landlord must make a written conditional offer. For a rental, CCHR says this is a lease or rental agreement. For a purchase, the seller accepts your offer in writing and agrees not to revoke or change that acceptance.
3. 3

   Step 3: Notice of Rights, then (optionally) the check

   Only now may the landlord ask about or check criminal history, and only after giving you the Fair Chance Housing Notice of Rights. Many landlords will not run a check at all.
4. 4

   Step 4: The Fair Chance Housing Process, if they want to back out

   If the landlord is considering revoking the offer because of a reviewable conviction, it must send you a copy of everything it received or reviewed, and a written notice that you have 5 business days to respond. The apartment must stay available during this time.
5. 5

   Step 5: Individualized assessment and written decision

   The landlord must weigh your response and the factors CCHR lists. If it still revokes, it must give you a written decision explaining the business interest, how it links to the conviction, and how it considered what you submitted.

The same process applies when a landlord is considering not renewing an existing lease because of criminal history.

What the individualized assessment must consider

According to CCHR, before revoking an offer the landlord has to consider:

• How old you were at the time of the conviction
• How much time has passed since the offense
• Whether the offense has any bearing on your ability to meet the duties of a tenant (paying rent, following lease rules)
• Any evidence of rehabilitation or good conduct
• The city’s policy against unnecessarily excluding people with criminal justice involvement

What to send in your 5-day response

The law does not prescribe a form, so think about what speaks to the factors above. Useful items often include:

• Proof of steady rent payments at previous addresses (canceled checks, bank statements, a landlord reference)
• A letter from an employer, case manager, program counselor, parole or probation officer, or faith or community leader
• Certificates from completed education, job training, or treatment programs
• A short, factual statement in your own words about the conviction and what has changed since
• If the record is wrong or should have been excluded (sealed, a violation, too old), say so plainly and point to the rule

Send your response in writing and keep a copy with the date you sent it. If you can, email it so you have a timestamp.

Can a landlord still revoke the offer for other reasons?

Yes, but narrowly. CCHR says a conditional offer may also be withdrawn for a material misrepresentation or omission, or a change in your qualifications, that is unrelated to criminal history and that the landlord did not know about when it made the offer. For example, if the income you listed turns out to be wrong. A landlord can’t use a vague “other reason” to cover a decision that was really about your record.

Who is covered, and who isn’t

CCHR’s FAQ also describes the law as covering “most housing providers with 3 or more units.” If you are renting a room in someone’s home or a unit in a small owner-occupied house, ask CCHR whether the exemption applies before assuming either way.

Red flags that may mean the law was broken

• The application form asks “Have you ever been convicted of a crime?” or asks for consent to a criminal background check before any offer
• A listing, application or broker says something like “no felonies” or “applicants with criminal records not accepted”; CCHR gives these as examples of illegal statements
• You are turned down right after a check, with no copy of the report and no chance to respond
• The landlord cites an arrest, a sealed case, a violation, or a conviction older than the lookback period
• The apartment is rented to someone else during your 5-day response window

How to file a complaint

1. 1

   Save everything

   Keep the listing, the application form, emails and texts, the conditional offer, any background report, the notice you received (or the fact that you received none), and your response.
2. 2

   Contact the Commission

   Use the report-discrimination page at nyc.gov/cchr, call 212-416-0197, or visit a Commission office. Options include a formal complaint, pre-complaint intervention, or a tip.
3. 3

   Ask about pre-complaint intervention if timing matters

   If you are still trying to get the apartment, tell CCHR. Intervention is meant to step in before the situation is final.
4. 4

   Consider a lawyer

   CCHR cannot give legal advice or represent you. A legal services organization or private attorney can advise on going to court instead of, or in addition to, the Commission.

CCHR can order a landlord to stop a practice, change its policies, train staff, pay you damages for emotional distress, and pay civil penalties up to $125,000, or up to $250,000 when a violation is willful, wanton or malicious.

Related protections

Criminal-history screening often overlaps with other forms of discrimination. Landlords also can’t reject you because you pay with a housing voucher (source-of-income discrimination) or because of race, disability, immigration status and other protected traits (housing discrimination in NYC). If you were turned down and aren’t sure why, our guide to an apartment application denial covers your right to see the report the decision was based on.

Landlords looking for the compliance side of this law can read NYC Fair Chance Housing Law: screening steps.

This guide is general information, not legal advice. Rules can change; confirm current requirements with the NYC Commission on Human Rights.