Breaking barriers—a new era against housing discrimination

It’s a victory years in the making. After intense, strategic, and fearless advocacy by the Fair Chance for Housing Coalition, the New York City Council voted to pass the transformational Fair Chance for Housing Act on December 20, which will give New Yorkers with convictions a second chance, enabling them to move on with their lives with the foundation of a place to call home.

The coalition has worked tirelessly to make this possible, and the act will sharply curtail housing discrimination against those with convictions. Many members of the coalition have faced their own barriers to accessing permanent housing due to their convictions. As members of the Fair Chance for Housing Campaign Steering Committee, the Fortune Society is proud to have helped lead this fight in partnership with other nonprofits and individuals.

We know from our 56 years of serving people affected by the criminal legal system that the pernicious stigma of a conviction can derail people’s attempts to rebuild their lives. Our unwavering support of people with criminal legal system involvement stems from the knowledge that access to housing is the cornerstone for a better future and a fundamental right that every individual deserves.

By dismantling pervasive discrimination against those with convictions, this landmark legislation not only bolsters public safety but advances racial equity in housing. It also provides a vital opportunity to break the intergenerational cycle of poverty that often exists in marginalized communities. The removal of barriers to housing empowers people to forge a path toward being better able to support themselves and their families, reducing the likelihood of further system involvement, and making our communities safer.

Right now, our city is in the midst of a housing and homelessness crisis, due in part to exclusionary policies that foreclose housing options based on conviction records. Discrimination impacts so many more than people with convictions—it affects whole families and creates intergenerational cycles of instability. Reducing barriers to housing so people and families have stable homes can interrupt these intergenerational cycles of poverty and homelessness.

In New York City alone, nearly 750,000 residents have a conviction record—that’s nearly 11 percent of the adult population. Due to long-standing inequities in our criminal legal system, 80 percent of these individuals are Black or Latinx, even though they make up less than 30 percent of the population. This means that Black and Latinx people, and their families, are disproportionately affected by housing discrimination against people with convictions.

The Fair Chance for Housing Act will bar pervasive housing discrimination against New Yorkers with convictions. While housing providers may still request a criminal background check for convictions within the look-back window of three years for misdemeanors and five for felonies, they can only do so after having  pre-qualified a potential tenant based on finances, income, and other factors relevant to the ability to be a good tenant. By putting the background check at the end of the screening process, the act will give applicants with a conviction history who have done their time a stronger shot at securing housing. And that will make us all safer.

We thank prime bill sponsor Majority Leader Keith Powers for his staunch leadership and partnership, Speaker Adrienne Adams for her support, and the many co-sponsors and other supporters who voted yes on Fair Chance for Housing.

We commend the New York City Council for passing Intro. 632-A and urge the mayor to sign it into law immediately. Most of all, we thank the tireless advocates, including directly affected people, who fought for years to get us to this day.

Andre Ward is the associate vice president of Public Policy at the Fortune Society, an organization that has advocated on criminal justice issues since 1967 and is nationally recognized for developing model programs that help people with criminal justice histories to be assets to their communities.