NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1782
SPONSOR: Rosenthal L TITLE OF BILL:
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
PURPOSE:
This legislation will protect New Yorkers from housing discrimination.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 296 of the executive law by adding a new
subparagraph (i).
Section two amends paragraphs (e) and (f) of subdivision 1 of section
8-107 of the administrative code of the city of New York.
Section three amends section 14 of the public housing law.
Section four establishes the effective date.
JUSTIFICATION:
Housing discrimination against people with criminal records is ubiqui-
tous in American society. Not only is decent and stable housing essen-
tial for human survival and dignity, but it is also a critical component
of the recovery process for individuals on the path to recovery from
substance use disorders. We also know that there are thousands and thou-
sands of New Yorkers who have been convicted of misdemeanors, or merely
arrested but never convicted of any offense, and that they too can be
and often are excluded from public housing on the basis of their crimi-
nal records.
Under existing policies, criminal records will shadow these individuals
for the rest of their lives. This bill will amend the state's Executive
Law and begin to correct this process by implementing adjustments such
as a ban-the-box rule for affordable housing lotteries, rental subsidies
and other city, state and federally funded projects. It also would
require that disqualification because of a criminal record be based on
strict criteria directly related to public safety and ensure that
rejections can be appealed.
LEGISLATIVE HISTORY:
2021-22: A.627 - Referred to Housing
2019-20: A.10407 - Referred to Housing
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
120 days.
STATE OF NEW YORK
________________________________________________________________________
1782
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 1 of section 296 of the executive law is
2 amended by adding a new paragraph (i) to read as follows:
3 (i) For a landlord or his or her agent to deny a potential tenant's
4 application for rental based solely upon such potential tenant's crimi-
5 nal history.
6 § 2. Paragraphs (e) and (f) of subdivision 1 of section 8-107 of the
7 administrative code of the city of New York, paragraph (e) as amended by
8 local law number 63 of the city of New York for the year 2018, and para-
9 graph (f) as amended by local law number 172 of the city of New York for
10 the year 2019, are amended to read as follows:
11 (e) For a landlord or his or her agent to deny a potential tenant's
12 application for rental based solely upon such potential tenant's crimi-
13 nal history.
14 (f) The provisions of this subdivision and subdivision 2 of this
15 section: (i) as they apply to employee benefit plans, shall not be
16 construed to preclude an employer from observing the provisions of any
17 plan covered by the federal employment retirement income security act of
18 1974 that is in compliance with applicable federal discrimination laws
19 where the application of the provisions of such subdivisions to such
20 plan would be preempted by such act; (ii) shall not preclude the varying
21 of insurance coverages according to an employee's age; (iii) shall not
22 be construed to affect any retirement policy or system that is permitted
23 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
1 the executive law; (iv) shall not be construed to affect the retirement
2 policy or system of an employer where such policy or system is not a
3 subterfuge to evade the purposes of this chapter.
4 [(f)] (g) The provisions of this subdivision do not govern the employ-
5 ment by an employer of the employer's parents, spouse, domestic partner,
6 or children; provided, however, that such family members shall be count-
7 ed as persons employed by an employer for the purposes of the definition
8 of employer set forth in section 8-102.
9 § 3. Section 14 of the public housing law is amended by adding a new
10 subdivision 8 to read as follows:
11 8. The commissioner shall promulgate rules and regulations for state
12 or locally funded rental subsidies or affordable housing lotteries,
13 which:
14 (a) prohibit any state or locally funded rental subsidy or affordable
15 housing lottery from inquiring about an applicant's criminal history
16 before such applicant has been found eligible for such rental subsidy
17 or affordable housing lottery;
18 (b) develop strict criteria under which only individuals with a crimi-
19 nal history directly relating to public safety may be denied a rental
20 subsidy or affordable housing lottery based on such criminal history;
21 (c) prohibit any sealed criminal records of applicants for rental
22 subsidies or affordable housing lotteries from being considered in the
23 application process; and
24 (d) allow applicants whose applications are rejected to appeal such
25 rejection.
26 § 4. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law. Effective immediately, the addition, amend-
28 ment and/or repeal of any rule or regulation necessary for the implemen-
29 tation of this act on its effective date are authorized to be made and
30 completed on or before such effective date.
