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New York City enacted the Fair Chance for Housing Act on Jan. 1, 2025, a transformative law reshaping how criminal history influences housing decisions. Its goal is to address the disparate impact that review and consideration of criminal records may have on the ability of persons of color to obtain housing.
For years, the application process for housing in New York City has been fraught with allegations of discrimination. These claims span a wide range of categories, including discrimination on the basis of, among other things, disability, familial status, citizenship, race, color, lawful income sources, and criminal history. The latter has been particularly contentious, with studies showing that blanket denials of applicants with criminal convictions disproportionately affect people of color. In response, local agencies such as the New York City Department of Housing Preservation and Development (HPD) have pushed for restrictions on how criminal background checks are conducted.
The Fair Chance for Housing Act codifies these efforts into the City Human Rights Law. By restricting the ability to consider criminal history and/or make adverse housing decisions in connection with the same.
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