New law would prohibit NYC landlords from discriminating based on old convictions

It could soon be easier for formerly incarcerated people to find housing in New York City.

The City Council was set to approve a measure on Wednesday evening that would prohibit property owners from discriminating against people with past convictions years after the fact. It would also make it illegal to discriminate against someone in the terms of a lease or housing sale because of a prospective renter’s or buyer’s criminal record.

Councilmember Keith Powers said clearing the path for people with criminal histories to rent or buy homes will help them find stability and rebuild their lives.

“This has been a barrier that stood in the way for a very long time, and this will open up more opportunities for them to live in a good, safe and affordable neighborhood,” said Powers, who sponsored the bill. “That’s what every New Yorker wants.”

Mayor Eric Adams has signaled that he’s likely to sign the bill into law.

“No one should be denied housing because they were once engaged with the criminal justice system, plain and simple,” said Charles Lutvak, a spokesperson for the mayor.

But while advocates for affordable housing and criminal justice reform have supported the legislation, some property owners have expressed concerns.

Ann Korchak, board president of Small Property Owners of New York, said she’s worried that it could put her Upper West Side tenants in danger — especially the seniors who live in her apartments.

“I just feel responsible,” she said. “A bill like this makes it more difficult for me to create that environment that I’m trying to create.”

Korchak said she hasn’t ever denied someone an apartment because of a conviction on their record, and she hasn’t heard from other landlords who have. But she said she wants to have the option.

Korchak noted that Gov. Kathy Hochul has already signed the Clean Slate Act, a new state law that automatically seals many criminal convictions after several years.

She said the City Council bill adds yet another regulation for small property owners who are already overwhelmed from the recent COVID-19 eviction moratorium, rising inflation and interest rates, backlogs in housing court, and challenges with the state’s Emergency Rental Assistance Program.

“There just seems to be no kind of relief,” Korchak said. “Just more and more regulation and compliance and an economic environment that’s very difficult.”

Powers said the City Council worked with stakeholders, including landlords, to craft a bill that would balance public safety concerns with the urgent need to help people find housing.

He said councilmembers added a window after someone’s release from prison in which property owners will be able to view applicants’ criminal records: three years for misdemeanors and five years for felonies. Lawmakers also included a carveout that will allow them to search someone’s name in state sex offender registries.

Landlords would still be able to deny someone housing if they don’t meet other requirements on a rental application, like an income minimum, or if they act violently on the property.

Powers said that people shouldn't face extra obstacles in finding somewhere to live after going several years without committing a crime.

“I think most New Yorkers believe in second chances,” Powers said. “This bill offers people a second chance to rebuild their life and get access to good housing.”

Giulia Heyward contributed reporting.