What's happening
This bill prohibits housing discrimination based on an individual's consumer credit history in New York State.
Why it matters
Expands protections for renters with poor or limited credit. By prohibiting housing discrimination based on consumer credit history, the bill helps ensure that individuals with lower credit scores or negative credit reports are not automatically excluded from rental opportunities.
Addresses barriers for vulnerable populations. People who have faced financial hardship—such as medical debt, unemployment, or past housing instability—often have damaged credit. This law would prevent landlords from using credit history as a proxy for screening out tenants, benefiting low-income New Yorkers, recent immigrants, or those recovering from financial crises.
Encourages fairer housing practices. The bill puts consumer credit history on par with other protected classes (e.g., race, national origin, lawful source of income), signaling a shift towards evaluating tenants more holistically rather than relying on financial background checks alone.
Could impact landlord screening processes. Landlords may need to adjust their application procedures, relying less on credit reports or scores and more on other indicators of tenant reliability, such as references or proof of income. This could lead to changes in how risk is assessed in the rental market.
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Who cares
Headline styles
Ban Credit Checks for Renters
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9049
IN SENATE
October 13, 2020
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to rental discrimination based upon consumer credit history
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 292 of the executive law is amended by adding a new subdivision 39 to read as follows:
39. The term "consumer credit history" means an individual's credit worthiness, credit standing, credit capacity or payment history, as indicated by:
(a) a consumer credit report; or
(b) credit score.
§ 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of the executive law, as amended by section 3 of part T of chapter 56 of the laws of 2019, are amended to read as follows:
(a) (i) To refuse to sell, rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the race, creed, color, disability, national origin, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income or familial status of such person or persons, or to represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available.
(ii) To refuse to rent or lease or otherwise to deny to or withhold from any person or group of persons such housing accommodations because of the consumer credit history of such person or persons, or to represent that any housing accommodation is not available for rental or lease when in fact it is so available.
(b) To discriminate against any person because of his or her race, creed, color, disability, national origin, sexual orientation, gender identity or expression, military status, age, sex, marital status, lawful source of income [or], familial status or consumer credit history in the terms, conditions or privileges of any publicly-assisted housing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17467-01-0
S. 9049 2
accommodations or in the furnishing of facilities or services in connection therewith.
(c) To cause to be made any written or oral inquiry or record concerning the race, creed, color, disability, national origin, sexual orientation, gender identity or expression, membership in the reserve armed forces of the United States or in the organized militia of the state, age, sex, marital status, lawful source of income [or], familial status or consumer credit history of a person seeking to rent or lease any publicly-assisted housing accommodation; provided, however, that nothing in this subdivision shall prohibit a member of the reserve armed forces of the United States or in the organized militia of the state from voluntarily disclosing such membership.
§ 3. Subdivision 5 of section 296 of the executive law is amended by adding a new paragraph (h) to read as follows:
(h) It shall be an unlawful discriminatory practice for any person offering housing accommodations for rent or lease as described in paragraphs (a), (b) and (c) of this subdivision to refuse to rent or lease or otherwise deny to or withhold from any person or group of persons such housing accommodations because of the consumer credit history of such person or persons, or to represent that any housing accommodation is not available for rental or lease when in fact it is so available.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to rental discrimination based upon consumer credit history
Purpose or general idea of bill
The purpose of the bill is to prohibit the use of consumer credit histo- ry for housing accommodations.
Summary of specific provisions
The bill would make it unlawful to "refuse to rent or lease" housing accommodation because of consumer credit history. Consumer credit histo- ry means a consumer's credit report or credit score.
Justification
Studies have found that African American and Latino communities have lower credit scores as a group than white Americans.
This discrepancy has less to do with responsibility, and more to do with inequality. African Americans earn only 64 cents for every dollar earned by whites, and Latinos earn only 73 cents. Similarly, African American and Latino families own less assets than white families. With fewer assets, Black and Latino families are less able to cushion any financial catastrophes. In addition, the use of credit reports reflects on the past to limit a consumer's future; this perpetuates a cycle. In light of the foregoing, credit history should no longer be used outside the cred- it context.
Prior legislative history
None.
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.