What's happening
This bill prohibits landlords and public housing programs in New York from denying rental applications solely based on a potential tenant's criminal history, with certain exceptions for public safety.
Why it matters
Reduces barriers to housing for people with criminal histories. , aiming to help reintegrate formerly incarcerated individuals by making it illegal for landlords to automatically deny rental applications based only on criminal records.
Limits the use of criminal background checks in public housing and affordable housing lotteries. , allowing inquiries into an applicant's criminal history only after they are otherwise found eligible, and banning the use of sealed records in decision-making.
Establishes strict criteria for denial based on public safety. , meaning that only those with criminal histories directly relevant to public safety concerns can be denied, moving away from blanket exclusions.
Creates an appeals process for rejected applicants. , granting those denied housing based on criminal history the explicit right to challenge the decision, which promotes transparency and fairness in the housing application process.
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Who cares
Headline styles
End Housing Bias for Ex-Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10407
IN ASSEMBLY
May 4, 2020
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Housing
AN ACT to amend the executive law and the administrative code of the city of New York, in relation to potential tenants with a criminal history; and to amend the public housing law, in relation to public housing applicants with a criminal history
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 296 of the executive law is amended by adding a new paragraph (i) to read as follows:
(i) For a landlord or his or her agent to deny a potential tenant's application for rental based solely upon such potential tenant's criminal history.
§ 2. Paragraphs (e) and (f) of subdivision 1 of section 8-107 of the administrative code of the city of New York, paragraph (e) as amended by local law number 63 of the city of New York for the year 2018, and paragraph (f) as amended by local law number 172 of the city of New York for the year 2019, are amended to read as follows:
(e) For a landlord or his or her agent to deny a potential tenant's application for rental based solely upon such potential tenant's criminal history.
(f) The provisions of this subdivision and subdivision 2 of this section: (i) as they apply to employee benefit plans, shall not be construed to preclude an employer from observing the provisions of any plan covered by the federal employment retirement income security act of 1974 that is in compliance with applicable federal discrimination laws where the application of the provisions of such subdivisions to such plan would be preempted by such act; (ii) shall not preclude the varying of insurance coverages according to an employee's age; (iii) shall not be construed to affect any retirement policy or system that is permitted pursuant to paragraphs (e) and (f) of subdivision 3-a of section 296 of the executive law; (iv) shall not be construed to affect the retirement policy or system of an employer where such policy or system is not a subterfuge to evade the purposes of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16339-01-0
A. 10407 2
[(f)] (g) The provisions of this subdivision do not govern the employment by an employer of the employer's parents, spouse, domestic partner, or children; provided, however, that such family members shall be counted as persons employed by an employer for the purposes of the definition of employer set forth in section 8-102.
§ 3. Section 14 of the public housing law is amended by adding a new subdivision 8 to read as follows:
8. The commissioner shall promulgate rules and regulations for state or locally funded rental subsidies or affordable housing lotteries, which:
(a) prohibit any state or locally funded rental subsidy or affordable housing lottery from inquiring about an applicant's criminal history before such applicant has been found eligible for such rental subsidy or affordable housing lottery;
(b) develop strict criteria under which only individuals with a criminal history directly relating to public safety may be denied a rental subsidy or affordable housing lottery based on such criminal history;
(c) prohibit any sealed criminal records of applicants for rental subsidies or affordable housing lotteries from being considered in the application process; and
(d) allow applicants whose applications are rejected to appeal such rejection.
§ 4. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.