S T A T E O F N E W Y O R K
________________________________________________________________________
1782
2023-2024 Regular Sessions
I N A S S E M B L Y
January 20, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to potential tenants with a criminal
history; and to amend the public housing law, in relation to public
housing applicants with a criminal history
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 296 of the executive law is
amended by adding a new paragraph (i) to read as follows:
(I) FOR A LANDLORD OR HIS OR HER AGENT TO DENY A POTENTIAL TENANT'S
APPLICATION FOR RENTAL BASED SOLELY UPON SUCH POTENTIAL TENANT'S CRIMI-
NAL HISTORY.
§ 2. Paragraphs (e) and (f) of subdivision 1 of section 8-107 of the
administrative code of the city of New York, paragraph (e) as amended by
local law number 63 of the city of New York for the year 2018, and para-
graph (f) as amended by local law number 172 of the city of New York for
the year 2019, are amended to read as follows:
(e) FOR A LANDLORD OR HIS OR HER AGENT TO DENY A POTENTIAL TENANT'S
APPLICATION FOR RENTAL BASED SOLELY UPON SUCH POTENTIAL TENANT'S CRIMI-
NAL HISTORY.
(F) The provisions of this subdivision and subdivision 2 of this
section: (i) as they apply to employee benefit plans, shall not be
construed to preclude an employer from observing the provisions of any
plan covered by the federal employment retirement income security act of
1974 that is in compliance with applicable federal discrimination laws
where the application of the provisions of such subdivisions to such
plan would be preempted by such act; (ii) shall not preclude the varying
of insurance coverages according to an employee's age; (iii) shall not
be construed to affect any retirement policy or system that is permitted
pursuant to paragraphs (e) and (f) of subdivision 3-a of section 296 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06674-01-3
A. 1782 2
the executive law; (iv) shall not be construed to affect the retirement
policy or system of an employer where such policy or system is not a
subterfuge to evade the purposes of this chapter.
[(f)] (G) The provisions of this subdivision do not govern the employ-
ment by an employer of the employer's parents, spouse, domestic partner,
or children; provided, however, that such family members shall be count-
ed as persons employed by an employer for the purposes of the definition
of employer set forth in section 8-102.
§ 3. Section 14 of the public housing law is amended by adding a new
subdivision 8 to read as follows:
8. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR STATE
OR LOCALLY FUNDED RENTAL SUBSIDIES OR AFFORDABLE HOUSING LOTTERIES,
WHICH:
(A) PROHIBIT ANY STATE OR LOCALLY FUNDED RENTAL SUBSIDY OR AFFORDABLE
HOUSING LOTTERY FROM INQUIRING ABOUT AN APPLICANT'S CRIMINAL HISTORY
BEFORE SUCH APPLICANT HAS BEEN FOUND ELIGIBLE FOR SUCH RENTAL SUBSIDY
OR AFFORDABLE HOUSING LOTTERY;
(B) DEVELOP STRICT CRITERIA UNDER WHICH ONLY INDIVIDUALS WITH A CRIMI-
NAL HISTORY DIRECTLY RELATING TO PUBLIC SAFETY MAY BE DENIED A RENTAL
SUBSIDY OR AFFORDABLE HOUSING LOTTERY BASED ON SUCH CRIMINAL HISTORY;
(C) PROHIBIT ANY SEALED CRIMINAL RECORDS OF APPLICANTS FOR RENTAL
SUBSIDIES OR AFFORDABLE HOUSING LOTTERIES FROM BEING CONSIDERED IN THE
APPLICATION PROCESS; AND
(D) ALLOW APPLICANTS WHOSE APPLICATIONS ARE REJECTED TO APPEAL SUCH
REJECTION.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.