New York A 1617: Relates to potential tenants with a criminal history; and relates to public housing applicants with a criminal history

Bill Text

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A01617 Summary:

BILL NOA01617 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §296, Exec L; amd §8-107, NYC Ad Cd; amd §14, Pub Hous L

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Relates to protecting potential tenants with a criminal history; relates to protecting public housing applicants with a criminal history.

Go to top A01617 Actions:

BILL NOA01617 

&nbsp

01/10/2025referred to housing

01/07/2026referred to housing

Go to topA01617 Committee&nbspVotes:

Go to topA01617 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01617 Text:

 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 housi