Landlords & Criminal History Checks: NY Tenant Rights

Understanding your rights as a renter in New York is essential—especially when it comes to questions about criminal history. This article explains when, how, and if landlords in New York can ask about criminal records, as well as your protections under state and local law. We keep things clear and practical so you have the knowledge you need to secure fair and equal housing.

When Can Landlords Ask About Criminal History in New York?

In New York State, whether a landlord can ask about criminal history depends on where you live, the type of housing, and when in the application process the question is raised. New York City and Albany have specific 'Fair Chance' laws, while statewide protections also apply under federal and state fair housing legislation.

Key Rules to Know

• New York City: Under the Fair Chance Act, landlords cannot ask about arrests or convictions until after making a conditional offer of housing. Some types of criminal records are off-limits completely.^[1]
• Statewide: There is no blanket ban across all of New York State outside NYC and Albany, but landlords must not discriminate against you because of your criminal history unless allowed by law.^[2]
• Federal Law: The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, family status, or disability—but not criminal history directly. However, using criminal records as a way to discriminate based on these traits is illegal.^[3]

If you're applying in New York City or Albany, you’re protected by specific local laws regarding background checks—review these before applying.

Fair Housing Protections for Renters

Even if a landlord asks about your criminal history, they must treat all applicants equally and follow fair housing rules. Refusing to rent based solely on some criminal convictions—without considering the details—may violate your rights.

• Landlords should consider the nature, severity, and timing of the offense.
• Arrest records without conviction, or old misdemeanor convictions, often cannot be used as grounds for denial—especially in NYC.
• Using criminal history to hide other illegal discrimination is not permitted.

Most landlords must assess every applicant as an individual. You have the right to fair treatment, regardless of your past.

What To Do If You Face Discrimination

If you believe you've been denied housing or treated unfairly because of your criminal record, you have several actions you can take:

• Collect any written communication or application forms from the landlord.
• Check local city or county websites for specific fair chance housing laws.
• File a complaint with the New York State Division of Human Rights or relevant city agency.

Relevant Official Forms for New York Renters

• NY State Division of Human Rights Complaint Form (HUD-903.1 NY):
  Used to file a housing discrimination complaint with the NYS Division of Human Rights. Example: If you were denied an apartment after a landlord learned about your record, and you feel it was unfair, you can complete this form and submit it online or by mail.
  Access NY Division of Human Rights Complaint Form
• New York City Commission on Human Rights Inquiry/Complaint Form:
  Use this if you're a NYC renter facing criminal history discrimination. Example: Landlord knocked you out before a conditional offer. File via the official portal.
  NYC Human Rights Complaint Forms & Info

The New York State Division of Human Rights oversees housing discrimination cases statewide, while NYC's Commission on Human Rights covers New York City.

Relevant Laws and Regulations

• New York State Real Property Law – basic tenant rights across the state
• Federal Fair Housing Act (42 U.S.C. §3604)
• NYC Fair Chance Act – expanded local protections

FAQ: Criminal History Screening and New York Renters

1. Can all New York landlords ask about criminal history?
   Not always. In New York City, landlords can't ask until after offering you a rental. In other areas, they may ask, but they still must follow anti-discrimination laws.
2. What types of criminal records can landlords see or use?
   Landlords might check convictions, but arrests without conviction—in NYC—can't be considered. Very old or minor records may not be justifiable reasons for denial.
3. What should I do if I think I was denied because of my record?
   Gather any evidence (emails, texts, application responses). File a complaint with the NY State Division of Human Rights or city agency promptly.
4. Are there exceptions for certain types of housing?
   Yes. Public housing and federally-funded homes may have stricter rules about some convictions. Always ask for specifics if denied.
5. Who handles tenant complaints in New York?
   The New York State Division of Human Rights manages discrimination complaints statewide. NYC and Albany have additional local contacts.

Key Takeaways for NY Renters

• New York City has the strictest rules protecting renters with criminal history.
• Across the state, landlords can't use criminal records as a cover for prohibited discrimination.
• Promptly file a complaint if you suspect unfair treatment.

Be proactive and know your renter rights—fair housing protections are there to help you.

Need Help? Resources for Renters

• New York State Division of Human Rights: File a Housing Complaint
• NYC Commission on Human Rights: Fair Chance Act info
• Office of Tenant Protection, NY – general tenant resources
• NYS Division of Housing & Community Renewal – Renter Protections

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1. [1] NYC Fair Chance Act: Your Rights
2. [2] NY State Division of Human Rights
3. [3] U.S. DOJ: Fair Housing Act Overview

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