Finding Housing After a Criminal Conviction in New York City

Getting housing after a criminal conviction in New York City can be challenging, but it is possible. Here is some advice on navigating your housing options and knowing your rights.

How Criminal Records Affect Housing Eligibility

• Public housing authorities and private landlords often conduct criminal background checks on applicants. Even an arrest record can affect eligibility, even if you were never convicted[1].
• In public housing, rules are strict and even minor arrests or convictions can impact your eligibility[1]. This includes NYCHA housing and Section 8 vouchers.
• Private landlords get criminal records from credit reports and can legally deny housing in NYC based on many types of convictions[5].
• Discrimination based on criminal records disproportionately impacts communities of color due to racial bias in policing and mass incarceration[5].

Public Housing

NYCHA and other housing authorities have policies that restrict people with certain types of criminal convictions from living in public housing temporarily or permanently[3].

• Some convictions, like producing meth in subsidized housing or lifetime sex offender registration, permanently bar you from public housing[3].
• For other convictions, there are “lookback periods” where you are ineligible for a number of years after your sentence ends[4]. For example:
  • Felony conviction: 5-6 years
  • Misdemeanor conviction: 3-4 years
• However, you can appeal a denial and present evidence of rehabilitation even if you are still within the lookback period[3]. Request a hearing and get a lawyer to help.
• NYCHA now allows some people recently released from prison to reunite with family through the Family Reentry Program[2]. You can apply if you meet the eligibility criteria.

Avoiding Eviction from Public Housing

Arrests, even without conviction, can trigger eviction proceedings from NYCHA or Section 8[1].

• Request hearings and delay eviction proceedings until after your criminal case concludes[1]. Get a lawyer to help.
• Produce evidence of rehabilitation and changes since your arrest. The hearing gives you a chance to make your case[3].
• If you get a “permanent exclusion” from NYCHA, organizations may be able to help lift it so you can reapply or return[4].

Private Housing

• Landlords can refuse to rent to you based on your criminal record, but cannot ask for your Social Security number[5].
• Some convictions cannot be considered, like violations (non-crimes) [1].
• Try to provide evidence of rehabilitation and positive references during your housing search.
• If a landlord tries to evict you over a pending arrest, delay proceedings until your criminal case finishes[1]. Get legal help.

Finding Support

• Consult resources like BacktoNYCHA.org for guides on re-entering public housing[6].
• Contact non-profits focused on housing and re-entry, like the Legal Aid Society, for assistance[4].
• Connect with re-entry programs that have experience navigating housing barriers.
• Get a lawyer to help with denials, eviction proceedings, and exclusions.

Conclusion

The housing application process can be daunting after a criminal conviction, but options exist in both public and private housing. Know your rights, seek legal help when needed, and don’t give up. With persistence and support, stable housing is possible.

Sources

1. https://www.reentry.net/ny/help/item.2912-Housing_and_Reentry
2. https://www.vera.org/news/helping-people-with-prior-convictions-access-nyc-public-housing
3. https://www.backtonycha.org/applying-to-nycha
4. https://www.lawhelpny.org/resource/housing-and-re-entry
5. https://www.fairchancehousing.org/faqs
6. http://on.nyc.gov/cjus-comments