Can a Criminal Record Affect Your Home Rental Applications in New York?

By max@dotcomlawyermarketing.com
July 9, 2024
7 min read
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Can a Criminal Record Affect Your Home Rental Applications in New York?

CONGRATULATIONS! You've finally found that perfect apartment in the Big Apple. The location is ideal, the rent is just within your budget, and you can already picture yourself calling it home. But there's one nagging worry at the back of your mind - your criminal record. Will it throw a wrench in your plans? Can a criminal record really affect your home rental applications in New York?The short answer is: Yes, it can. But don't lose hope just yet! At Spodek Law Group, we've helped countless clients navigate the complex world of housing applications with criminal records. We understand the anxiety and frustration you're feeling, and we're here to guide you through this process.Let's dive into the nitty-gritty of how criminal records can impact your rental applications in New York, and what you can do about it.

The Reality of Criminal Records and Rental Applications

You may have heard horror stories about people being denied housing because of their past mistakes. Unfortunately, these stories aren't just urban legends. In New York, landlords and property managers have a lot of leeway when it comes to screening potential tenants, and a criminal record can often be a red flag.But here's the thing: it's not always black and white. The impact of a criminal record on your rental application can vary depending on several factors:
  1. The nature of the offense
  2. How long ago it occurred
  3. Your behavior since then
  4. The specific policies of the landlord or property management company
It's important to remember that having a criminal record doesn't automatically disqualify you from renting. Many landlords are willing to look at the bigger picture and consider your current circumstances.

Understanding Fair Housing Laws in New York

Now, you might be wondering, "Isn't it discrimination to deny someone housing based on their criminal record?" Well, it's complicated.While criminal history isn't a protected class under federal fair housing laws, the U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket bans on renting to people with criminal records could be considered discriminatory. This is because such policies can disproportionately affect certain racial and ethnic groups.In New York City, the Fair Chance Act provides some additional protections. This law prohibits most employers from asking about criminal history until after a conditional offer of employment is made. While this doesn't directly apply to housing, it sets a precedent that's influencing how some landlords approach criminal background checks.Here's a quick breakdown of what landlords in New York can and can't do:
Can Do Can't Do
Ask about criminal convictions Discriminate based on race, color, national origin, religion, sex, familial status, or disability
Conduct background checks Have blanket policies that automatically reject all applicants with any criminal history
Consider the nature and recency of offenses Ask about arrests that didn't lead to convictions
Make case-by-case decisions Violate state and local fair housing laws

How to Approach Rental Applications with a Criminal Record

So, what can you do if you have a criminal record and you're looking to rent in New York? Here are some strategies we've found effective for our clients:
  1. Be honest and upfront: If asked about your criminal history, tell the truth. Lying on an application is grounds for rejection or eviction.
  2. Provide context: Explain the circumstances of your offense and how you've changed since then. Have you completed rehabilitation programs? Held steady employment? Volunteered in your community?
  3. Gather positive references: Letters from employers, probation officers, or community leaders can go a long way in vouching for your character.
  4. Know your rights: Familiarize yourself with fair housing laws and be prepared to advocate for yourself if you feel you're being unfairly discriminated against.
  5. Consider working with a housing counselor: These professionals can help you navigate the application process and may have relationships with landlords who are open to renting to people with criminal records.
  6. Look for second chance housing programs: Some organizations in New York specialize in helping people with criminal records find housing.
Remember, finding housing with a criminal record may be challenging, but it's not impossible. With the right approach and support, you can overcome this hurdle.

Legal Protections and Resources

At Spodek Law Group, we believe in second chances. We've seen firsthand how a criminal record can create barriers long after someone has paid their debt to society. That's why we're passionate about helping our clients understand their rights and options when it comes to housing.Did you know that New York State has some of the strongest protections in the country for people with criminal records seeking housing? The Human Rights Law prohibits discrimination in housing based on arrest or conviction record, with some exceptions for safety concerns.Here are some key points to remember:
  • Landlords can't have blanket policies rejecting all applicants with criminal records.
  • They must consider factors like the nature and severity of the offense, how long ago it occurred, and evidence of rehabilitation.
  • If you're denied housing because of your criminal record, you have the right to request an explanation and challenge the decision.
If you feel you've been unfairly denied housing because of your criminal record, don't hesitate to reach out to us at Spodek Law Group. We're here to fight for your rights and help you secure the housing you deserve.

The Importance of Legal Representation

Navigating the rental market with a criminal record can feel like walking through a minefield. One wrong step, and your hopes of finding a home can go up in smoke. That's where we come in.At Spodek Law Group, we've got years of experience dealing with housing discrimination cases. We know the law inside and out, and we're not afraid to go toe-to-toe with landlords who unfairly discriminate against our clients.Here's what we can do for you:
  1. Review rental applications and leases to ensure they comply with fair housing laws
  2. Negotiate with landlords on your behalf
  3. File complaints with the appropriate agencies if your rights have been violated
  4. Represent you in court if necessary
Remember, having a criminal record doesn't make you a second-class citizen. You have rights, and we're here to help you assert them.

Looking to the Future: Potential Changes in New York Law

The landscape of housing rights for people with criminal records is constantly evolving. In New York, there are currently efforts underway to strengthen protections even further.For example, the Fair Chance for Housing Act, currently under consideration in the New York City Council, would prohibit landlords from asking about criminal history until after they've made a conditional offer of housing. This could be a game-changer for many of our clients.We're keeping a close eye on these developments, and we're ready to adapt our strategies to best serve our clients as the law changes.

Conclusion: Don't Let Your Past Define Your Future

Finding housing with a criminal record in New York can be challenging, but it's far from impossible. With the right knowledge, approach, and legal support, you can overcome this hurdle and find a place to call home.At Spodek Law Group, we're committed to helping you navigate this process. We understand the stress and anxiety that comes with searching for housing, especially when you have a criminal record. But remember, you're not alone in this journey.If you're struggling with housing discrimination due to your criminal record, don't hesitate to reach out to us. Call us at 212-300-5196 or visit our website at https://www.federallawyers.com. We're here to fight for your rights and help you secure the housing you deserve.Your past doesn't have to define your future. Let us help you turn the page and start a new chapter in a home of your own.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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