STATE OF NEW YORK
________________________________________________________________________
1617
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. 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 an agent of such landlord to deny a potential
4 tenant's application for rental based solely upon such potential
5 tenant's criminal 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 an agent of such landlord to deny a potential
12 tenant's application for rental based solely upon such potential
13 tenant's criminal 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.
LBD04048-01-5
A. 1617 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 of this chapter.
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.
