RENT Magazine Q3'26

NEW YORK: INDIVIDUALIZED ASSESSMENTS MATTER

New York places significant limits on how criminal records may be used in housing decisions. Rather than relying on automatic disqualifications, landlords are generally expected to evaluate applicants on a case-by-case basis. New York City has adopted additional fair chance housing protections that further limit when and how criminal-history information may be reviewed.

Key takeaway for NY landlords:

Criminal records should not automatically disqualify applicants. Rehabilitation and the age of the offense may be relevant considerations. New York City rules may be more restrictive than state law.

SEATTLE: ONE OF THE MOST RESTRICTIVE MODELS

Seattle has adopted the Fair Chance Housing Ordinance, one of the most restrictive approaches to criminal-history screening in the country. Landlords operating there should be cautious about relying on criminal records during the tenant-selection process and should pay particular attention to advertising language that could discourage applicants from applying.

Key takeaway for Seattle landlords:

Criminal-history screening is heavily restricted. “No felons” advertising language may create legal issues. Landlords often rely more heavily on financial qualifications and rental history.

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