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"The criminal record constitutes a life-long obstacle, especially when looking for housing. Background checks are very common, and landlords can almost unrestrictedly reject people with criminal records."
According to the Brennan Center’s report, there are as many Americans as having a college degree with a criminal record. This is the harsh reality of mass incarceration in the United States. Criminal records constitute a life-long obstacle, especially when looking for housing, background checks are common, and landlords have almost unlimited discretion to refuse to provide housing to people with criminal records.
The mission of the Fair Housing Justice Center is to eliminate housing discrimination. Nearly 750,000 New York City residents have a history of convictions, 80% of whom are black or Latino. We know that if we cannot protect people with convictions from discrimination caused by background checks, we will never be able to eliminate racial discrimination in housing.
The anti-discrimination work of the Fair Housing Justice Center has led to a large number of lawsuits alleging that screening practices are racially discriminatory. For example, in May 2021, Ms. L. Smith, an African-American mother and a licensed healthcare professional, applied for an apartment in a city-sponsored affordable housing development project, but was convicted of a felony in the past ten years. Refuse. It matters whether she is suitable as a tenant. Ms. Smith is in the final stages of acquiring an apartment and is an ideal applicant for housing: she has good credit, a stable income, and a record of paying rent.
With the paperwork completed and the keys finally in hand, Ms. Smith was flatly rejected before the move-in date because the lease agent of the building learned that Ms. Smith had a felony record, which was a terrible mistake she made in handling domestic violence in the past Trauma. Although she was hired as a personnel manager of an important medical institution and regularly taught basic medical skills in the community, she became homeless a few days before she should move into a new apartment.
The use of criminal background screening is the main driver of housing discrimination and homelessness. The criminal legal system has held these people accountable, or has resolved arrests in their favor. Why set up additional barriers for those who are punished for their actions? Stable housing is the foundation to help people reintegrate into society after being imprisoned. Housing is the foundation for people to maintain employment, take care of their families, and contribute to the community. When we ensure that everyone has access to housing, we will all be safer, and our communities and economies will be healthier.
As a recipient of federal funds, New York City has the responsibility to actively promote fair housing, which requires New York City to work hard to eliminate discriminatory barriers to housing opportunities.
Without fair housing justice, we cannot achieve racial justice. The New York City Council can pass Intro 2047, the Housing Equitable Opportunity Act, which ends discriminatory practices that exclude qualified applicants from housing. The bill will ensure that arrest and conviction records will not be an obstacle to housing access.
The bill is an important step in correcting racial inequality in housing. The City Council has pledged to pass the bill in its police reform and reshaping cooperation plan. After nearly seven months, there was no action. Cities such as Seattle, Washington and Oakland, California, have passed fair opportunity legislation to address homelessness and racial equality.
Extensive studies have shown that black and Latino populations have higher rates of conviction and imprisonment than whites. Therefore, housing barriers based on criminal records have a disproportionate impact on people of color. But simply acknowledging the existence of structural inequality in the criminal legal system is not enough. The City Council now needs to protect New Yorkers.
Britny McKenzie is the policy coordinator of the Fair Housing Justice Center.
This article and the bill being promoted (Int 2047-2020) seem to consider only one group, and that is "fairness", that is, those who are criminally convicted. However, there are other important considerations for "fairness". Hardworking tenants have the right and expect to live in safe and secure housing. The New York City Council bill will prevent property managers and cooperatives from screening potential Violet felons (still on parole), sex offenders in other state registries, financial offenders, and other high-risk prospects. People with criminal convictions certainly have the right to be treated fairly, but criminal history is a fair indicator of future risks, and appropriate protection must be considered for everyone. The proposed law is too broad and clearly precludes NYCHA from waiving their restrictions that actually prohibit felons from being considered
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City Limits uses investigative journalism through the prism of New York City to identify urban problems, examine their causes, explore solutions, and get the community to take action.
City Limits was established in 1976 during the financial crisis in New York to provide information for democracy and help citizens build a more just city. The organization is a 501(c)(3) non-profit organization funded by foundation support, advertising sponsorship and reader donations.