Council passes bill to limit landlords from running criminal background checks on prospective tenants

The City Council passed a bill Wednesday that will mostly ban landlords from conducting criminal background checks on prospective tenants until after determining an applicantโ€™s other qualifications.

The legislation, dubbed the โ€œFair Chance for Housing Actโ€ (Intro. 632-A), passed by 39-8 votes during the Dec. 20 full council meeting, after the bill was revised to allow landlords to reject applicants based on recent misdemeanor and felony convictions.

After an earlier version of the legislation, sponsored by former Brooklyn Council Member Stephen Levin, failed to pass last year, the councilโ€™s Committee on Civil and Human Rights held a public hearing on the legislation on Dec. 8. and later passed it through the committee stage after making several concessions.

Council Member Keith Powers (D-Manhattan), who sponsored the bill, said the legislation mirrors steps taken in the the recently enacted Clean Slate Act, which allows New Yorkers to seal their criminal records and clear obstacles to housing, education, and jobs following a certain period of time.

โ€œStable housing is the foundation of a stable life and without access to housing formerly incarcerated people struggled to find employment, maintain their mental health and physical health, go back to school and take care of their families,โ€ Powers told the Committee on Civil and Human Right Wednesday morning.

Powers said that the final version of the bill is a culmination of months of ongoing conversations and feedback from advocates and industry stakeholders, with negotiations taking place โ€œuntil the very last minute.โ€

Under the fair housing procedure passed Wednesday and due to take effect Jan. 1 2025, landlords, property owners, brokers and other covered entities will be able to consider registered sex offenses as well as misdemeanors and felonies for three and five years, respectively, after completion of a prison sentence. For a conviction that did not result in incarceration, that…

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