Fair Chance for Housing Act Compliance – Key Requirements for Landlords
Last month, the Fair Chance for Housing Act (FCHA) introduced new guidelines that reshape how landlords, co-op boards, and property managers handle tenant and buyer screenings. These changes are designed to reduce discrimination and promote equitable housing opportunities across New York City.
2025 FCHA Requirements
Under the FCHA, landlords may not inquire about criminal history on applications or during interviews. Background checks are only permitted after a lease or purchase agreement is signed, and only specific offenses may be considered:
- Registered sex offenses (no time limit).
- Felony convictions within five years of sentencing or release.
- Misdemeanor convictions within three years of sentencing or release.
Additionally, landlords must provide advance notice if a background check will be conducted, supply applicants with a copy of the report if adverse action is taken, and allow at least five business days for applicants to respond. If an applicant is denied based on criminal history, landlords must issue a written explanation outlining the business justification.
What This Means for Landlords
Landlords who opt out of conducting background checks will not be held liable for tenant actions related to past offenses. However, failure to comply with the FCHA’s requirements could result in civil lawsuits, fines, and other penalties. Exemptions apply to owner-occupied housing and small buildings with two or fewer units where the owner resides.
Next Steps For NYC Landlords
KMWB advises landlords to:
- Review and update screening policies to ensure compliance.
- Train staff on FCHA and HRL requirements.
- Establish clear procedures for notifying applicants about background checks and handling adverse decisions.
We will continue to provide updates as the implementation of these laws progresses. If you have questions about how the FCHA may impact your property, please contact KMWB for further guidance.