Most landlords can't use arrests or most old convictions against you

If you’re applying to rent or buy a home in New York City, most landlords, brokers, and co-op and condo boards can’t ask about or consider arrests, pending cases, sealed or pardoned convictions, or youthful offender records. They generally can’t use misdemeanor convictions once three years have passed since release or sentencing, or felony convictions after five years. Convictions requiring current sex-offender registration remain reviewable regardless of age. Ads can’t say “no felons.” The protections also cover current tenants.

Landlords don’t have to run a background check. If they do, they generally must review noncriminal qualifications, make a written conditional offer, and give you a rights notice first. Before taking the offer back, they must give you the records and five business days to correct mistakes or add context. They must assess your case individually and explain how the conviction connects to a legitimate business interest. You don’t need to apply. Owner-occupied one- and two-family homes and rooms in owner-occupied housing are exempt, and providers may follow other laws that require or specifically authorize different treatment. Violations can be reported to the city’s Commission on Human Rights.

Council Majority Leader Keith Powers introduced the bill in 2022, with Public Advocate Jumaane Williams as a co-sponsor. After months of negotiation narrowed the original near-total ban on background checks, the Council passed it 38–8, with one abstention, in December 2023. Mayor Eric Adams returned it unsigned on Jan. 19, 2024, and it became law the next day.