As per New York laws, landlords cannot legally refuse to rent to someone solely based on their criminal record. However, there are limitations to this rule.
The New York State Human Rights Law prohibits landlords from discriminating against tenants based on their race, color, religion, national origin, sex, disability, familial status or marital status. This includes discrimination against individuals with criminal records who belong to one of these protected classes.
However, if the criminal record presents a direct risk to the safety and well-being of other tenants or the landlord, a refusal to rent may be allowed. In such cases, landlords must provide evidence that the crime committed is directly related to the tenant's ability to meet their obligations as a tenant or poses a threat to the safety of the building and other tenants.
If a landlord has refused to rent to a tenant based on their criminal record and the landlord cannot provide a substantiated reason for doing so, the affected tenant may take legal action against the landlord.
Therefore, prospective tenants with criminal records are encouraged to be upfront with their landlords about their record to aid in the decision-making process. In this way, landlords will have the opportunity to make an informed decision that fully aligns with the law.
In conclusion, landlords cannot deny tenancy based solely on criminal history, except if there is evidence that the criminal record poses a direct threat to the safety and wellbeing of other tenants or the landlord. Tenants who feel unfairly denied can take legal action against the landlord.
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