In NYC, Courtesy Of Local Law 24, Could Your New Neighbor Be Facing Felony Charges?

Come January 1, 2025 your new neighbor could be a convicted felon who paid their debt to society (for an unknown crime) or, more concerning, someone with a pending felony case against them.

This will be a distinct possibility as NYC Local Law 24, limiting the use and/or scope of a criminal background check, is due to take effect courtesy of the New York City Council!

The question is not whether everyone has a right to housing because of course they do, or that discrimination in any form has no place in the decision-making process. It is more about whether there is an assumption that a landlord/Board has a right to have the ability to know to whom they are renting or selling to.

A report from law firm Schwartz Sladkus Reich Greenberg Atlas LLP delves into 'The Fair Chance for Housing Act (the “Act”) - which makes it unlawful for an owner of real estate in New York City to refuse to rent, lease, to withhold approval for a sale or lease or otherwise to deny or withhold a housing accommodation to an individual based upon such individual’s criminal history other than in limited instances...'

Coop and condo boards, along with owners and landlords, will now be limited by the Act as to what constitutes a limited instance and when they will be allowed to conduct a criminal background check. Again, from the Schwartz Sladkus report...

'The scope of the permissible background search includes the following (which the Act refers to as “reviewable criminal history”):

• Convictions requiring registration with a sex offense registry

• Felony convictions that are no more than 5 years from the date of the individual’s release from incarceration or sentencing (if there was no incarceration)

• Misdemeanor convictions that are no more than 3 years from the date of the individual’s release from incarceration or sentencing (if there was no incarceration)

In making their decisions regarding housing applications, housing providers may not consider:

• Convictions that have been sealed, expunged or pardoned

• Pending cases

• Matters that have been dismissed

• Felony convictions that are more than 5 years from the date of the individual’s release from incarceration or sentencing (if there was no incarceration)

• Misdemeanor convictions that are more than 3 years from the date of the individual’s release from incarceration or sentencing (if there was no incarceration)'

Are There Holes In This Local Law?

Not being an attorney, but looking at the parameters for an allowable background search and then the list of exclusions from a background search, What If...

What if a prospective tenant has been arrested and indicted for a sex-related crime (not convicted per the first list) but has this case pending (an exclusion in the second list)?

Of course in our system of law, we are innocent until proven guilty, but it seems that according to the rules of Local Law 24, the prospective tenant would have to be allowed to rent the apartment with serious charges pending.

If that is the case, this Local Law has the potential to protect that single person, while putting the rest of the building residents in the line of potential danger.

And there are likely other as-yet-undetermined holes in this Local Law.

If you would like to read the entire report written by Jeffrey Schwartz , Steven Sladkus , Jeffrey Reich , and Margery Weinstein just let me know.

Mike Haltman, CEO

Hallmark Abstract Service

[email protected]

(646) 741-6101

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