S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10407
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the executive law and the  administrative  code  of  the
   city  of  New  York,  in relation to potential tenants with a criminal
   history; and to amend the public housing law, in  relation  to  public
   housing applicants with a criminal history

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  296  of  the  executive  law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  FOR  A  LANDLORD OR HIS OR HER AGENT TO DENY A POTENTIAL TENANT'S
 APPLICATION FOR RENTAL BASED SOLELY UPON SUCH POTENTIAL TENANT'S  CRIMI-
 NAL HISTORY.
   §  2.  Paragraphs (e) and (f) of subdivision 1 of section 8-107 of the
 administrative code of the city of New York, paragraph (e) as amended by
 local law number 63 of the city of New York for the year 2018, and para-
 graph (f) as amended by local law number 172 of the city of New York for
 the year 2019, are amended to read as follows:
   (e) FOR A LANDLORD OR HIS OR HER AGENT TO DENY  A  POTENTIAL  TENANT'S
 APPLICATION  FOR RENTAL BASED SOLELY UPON SUCH POTENTIAL TENANT'S CRIMI-
 NAL HISTORY.
   (F) The provisions of this  subdivision  and  subdivision  2  of  this
 section:  (i)  as  they  apply  to  employee benefit plans, shall not be
 construed to preclude an employer from observing the provisions  of  any
 plan covered by the federal employment retirement income security act of
 1974  that  is in compliance with applicable federal discrimination laws
 where the application of the provisions of  such  subdivisions  to  such
 plan would be preempted by such act; (ii) shall not preclude the varying
 of  insurance  coverages according to an employee's age; (iii) shall not
 be construed to affect any retirement policy or system that is permitted
 pursuant to paragraphs (e) and (f) of subdivision 3-a of section 296  of
 the  executive law; (iv) shall not be construed to affect the retirement
 policy or system of an employer where such policy or  system  is  not  a
 subterfuge to evade the purposes of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16339-01-0

 A. 10407                            2
 
   [(f)] (G) The provisions of this subdivision do not govern the employ-
 ment by an employer of the employer's parents, spouse, domestic partner,
 or children; provided, however, that such family members shall be count-
 ed as persons employed by an employer for the purposes of the definition
 of employer set forth in section 8-102.
   §  3.  Section 14 of the public housing law is amended by adding a new
 subdivision 8 to read as follows:
   8. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  FOR  STATE
 OR  LOCALLY  FUNDED  RENTAL  SUBSIDIES  OR AFFORDABLE HOUSING LOTTERIES,
 WHICH:
   (A) PROHIBIT ANY STATE OR LOCALLY FUNDED RENTAL SUBSIDY OR  AFFORDABLE
 HOUSING  LOTTERY  FROM INQUIRING ABOUT   AN APPLICANT'S CRIMINAL HISTORY
 BEFORE SUCH  APPLICANT HAS BEEN FOUND ELIGIBLE FOR SUCH  RENTAL  SUBSIDY
 OR AFFORDABLE HOUSING LOTTERY;
   (B) DEVELOP STRICT CRITERIA UNDER WHICH ONLY INDIVIDUALS WITH A CRIMI-
 NAL  HISTORY  DIRECTLY  RELATING TO PUBLIC SAFETY MAY BE DENIED A RENTAL
 SUBSIDY OR AFFORDABLE HOUSING LOTTERY BASED ON SUCH CRIMINAL HISTORY;
   (C) PROHIBIT ANY SEALED CRIMINAL  RECORDS  OF  APPLICANTS  FOR  RENTAL
 SUBSIDIES  OR  AFFORDABLE HOUSING LOTTERIES FROM BEING CONSIDERED IN THE
 APPLICATION PROCESS; AND
   (D) ALLOW APPLICANTS WHOSE APPLICATIONS ARE REJECTED  TO  APPEAL  SUCH
 REJECTION.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.