If you are applying for state-funded housing and have a history of involvement with the criminal justice system, you have rights and protections.
There Are Only Two Mandatory Reasons That You Can Automatically Be Rejected:
- Conviction for methamphetamine production in the home; and
- Being a lifetime registrant on a state or federal Sex Offender database.
You Cannot Be Rejected Based On:
- All pending arrests (including those with adjournments in contemplation of dismissal (ACOD);
- Arrest records that were resolved in your favor;
- Convictions for offenses committed before you turned 18 years old;
- Misdemeanor convictions that occurred more than 1 year ago;
- Felony convictions that occurred more than 5 years ago;
- Convictions resulting in incarceration/parole supervision, from which you were released more than 1 year ago;
- Convictions that did not involve physical violence or danger to persons or property, or did not affect the health, safety and welfare of others;
- Convictions for which you have received a Certificate of Good Conduct or Certificate of Relief from Disabilities that is permanent and covers housing.
- Youthful offender adjudications;
- Convictions for violations sealed pursuant to Section 160.55 of New York State Criminal Procedure Law;
- Convictions sealed pursuant to Section 160.58 or 160.59 of New York State Criminal Procedure Law;
- Convictions that were excused by pardon, overturned on appeal or vacated;
You Cannot Be Asked About 9-12 Above
If a housing provider asks you about them or any pending arrest with an ACOD, you may answer as if the protected arrest, conviction or adjudication never occurred. If you believe you have been discriminated against based on these protections, file a complaint with the New York State Division of Human Rights: https://dhr.ny.gov/complaint
You Must be Given 14 Days to Provide Additional Information Before Any Rejection
You must be contacted and provided 14 business days to provide additional relevant information including:
- How much time has passed since the conviction(s)?
- How old were you at the time of the conviction(s)?
- How serious was the conviction(s)?
- Evidence about your rehabilitation, including treatment programs, volunteer work, paid employment, etc. since your conviction(s)
- Were there mitigating circumstances surrounding the offense that reduce the severity of the offense?
If you were not given an opportunity to answer these questions, or if you feel the housing provider did not properly evaluate your application and wrongfully denied you housing, contact New York State Homes and Community Renewal’s Fair and
Equitable Housing Office at feho@hcr.ny.gov for assistance.
More information is available here: https://hcr.ny.gov/marketing-plans-policies#credit-and-justice-involvement--assessment-policies
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