Evolving Discrimination Laws for Owners and Managing Agents

Discrimination in housing and employment has been a focus of New York State and New York City laws in recent years resulting in changes in that must be followed and adhered to by landlords and their managing agents.  Two areas that particularly have gained more attention concern discrimination on the basis of criminal history and immigration status.  Landlords and their managing agents must conduct their tenant application process as well as their employee hiring process in a non-discriminatory manner.  This presentation will discuss changes in the law and what is now expected.

Developments Concerning Tenant's Criminal History and National Origin.

Discrimination on the basis of actual or perceived immigration and citizenship status and national origin is prohibited under the NYC Human Rights Law. In December 2022, New York State laws were also amended to remove the terms "alien" and "illegal alien".

New York City's Fair Chance for Housing Act became effective on Jan. 1, 2025, and prohibits housing discrimination on the basis of a purchaser's or tenant's criminal history. The Law makes it illegal for most NYC housing providers, including coops and condos to discriminate because of arrest records, convictions, or other criminal history. 

Landlord/Managing Agent Considerations in Hiring and Retention of Employees:

New York State has similarly passed laws like the Fair Chance Act to protect applicants for jobs statewide. The New York City Human Rights ("NYCHRL") Law incorporates NYS laws and protects workers against arbitrary denials of employment opportunities based on criminal history.

NYCHRL now also prohibits discrimination in employment on the basis of national origin, citizenship, or immigration status. 

The changes to employment laws ensure that job applicants are considered based on their qualifications before their criminal history is considered. Additionally, landlords and their managing agents should be aware of the additional protections now afforded employees concerning their immigration status.

In summary, the presentation will discuss the evolving NYC and NYS discrimination provisions concerning criminal history and immigration status, areas of concern, and compliance considerations for landlords and managing agents when making housing and housing related employment decisions.

Presenter:

John C. Theodorellis, Esq.  

John C. Theodorellis, PLLC

Hauppauge, New York 

Moderators:

Mary D. Milone, Esq.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C.

New York, New York 

Steven W. Smollens, Esq. 

Law Office of Steven W. Smollens

New York, New York 

This program is sponsored by the Landlord and Tenant Proceedings Committee of the Real Property Law Section