Committee on Civil and Human Rights

Tuesday, April 28, 2026, 10 a.m. (New York City time), 250 Broadway - 8th Floor - Hearing Room 1

Committee: Committee on Civil and Human Rights

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On the agenda

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Summary

The Committee on Civil and Human Rights, chaired by Council Member Sandy Nurse, held an oversight hearing on the Fair Chance Act (employment, 2015, expanded 2019/2021) and the Fair Chance in Housing Act (Local Law 24 of 2024, effective January 2025). The NYC Commission on Human Rights (CCHR) testified about its education, outreach, testing, and enforcement efforts, including training numbers, pre-complaint interventions, and plans for proactive housing enforcement in fiscal year 2027, while acknowledging it received no budget increase with the housing law's passage. The Public Advocate, the original prime sponsor of the Fair Chance Act, spoke in support and asked about employer complaints and hiring outcomes. Public testimony from legal services and fair housing organizations urged increased CCHR funding, stronger penalties, early intervention processes, and extension of fair chance protections to DOE employees. No votes were taken; the hearing concluded with the chair thanking participants.

Transcript

0:05 One it good morning. Welcome

0:05 to New York City Council

0:07 hearing for the committee on

0:08 civil and human rights at this

0:10 time, please place electronic

0:11 devices to vibrate if you wish

0:13 to participate in today's

0:14 hearing, please. My appearance

0:15 car with sergeant at arms and

0:16 as a friendly reminder, please

0:18 do not approach this.

0:19 Chair. We are ready to begi

0:23 n

0:23 . Good morning. My name is

0:28 cindy Nurse and I serve as

0:30 chair to the committee on

0:32 civil and human rights. I'd

0:32 like to start by thinking

0:34 everyone who's joining u

0:35 stoday. Thank you to the

0:36 committee staff who worked

0:37 worked hard to put this

0:40 hearing together. Um, today

0:41 we're hearing the fair chance

0:42 act and its challenges and

0:45 successes since enactment. The

0:46 fair chance act first passed

0:47 in 2015 and later expanded in

0:52 20 21, prohibits most

0:52 employers from asking about an

0:54 applicant's criminal record

0:55 before making a job offer or

0:57 fromnclu iding such increase

0:58 in any job

1:00 . Advertisement. It also

1:01 protects employees from being

1:03 treated less well than other

1:04 employees due to a previous

1:06 arrest or conviction local law

1:09 24 of 20 24, which took effect

1:10 in January 2025 created

1:14 similar fair chance

1:14 protections for housing the

1:16 fair chance in housing law

1:18 prohibits landlords, real

1:19 estate brokers or their agents

1:21 from discriminating against

1:22 renters and buyers because of

1:25 arrest records, convictions or

1:26 other criminal history, but

1:27 before we can really dive into

1:29 the law's implementation, I

1:30 think it's important t

1:31 ohighlight why we pass this

1:32 bill in the first place

1:36 . The united states

1:36 incarcerates more human beings

1:38 than any other nation on the

1:39 face of this earth one in

1:41 three americans carries a

1:43 criminal record. The arrest

1:44 rate for black americans is

1:46 more than double that of white

1:49 americans in manhattan, the

1:50 financial capital of the world

1:51 black individuals are

1:53 convicted of felonies at a

1:54 rate of 21 times higher than

1:58 white individuals, latinos are

1:59 convicted 8.5 times more these

2:03 statistics represent

2:04 individuals that do not

2:05 reflect a difference in

2:06 conduct amongst wrench racial

2:08 groups, they reflect a

2:08 difference in treatment at

2:12 every single stage of the

2:13 criminal justice system

2:15 marginalized people are

2:16 squeezed harder. They have

2:18 pretrial detention more often

2:20 they face harsher charges and

2:21 longer sentences for the same

2:23 behavior they are convicted at

2:25 higher rates and when people

2:27 are innocent. They are more

2:28 likely to accept a plea deal

2:30 anyway because the system has

2:31 very little protections from

2:35 them. Some wait years to clear

2:36 their names of wrongful

2:38 convictions, while the

2:39 machinery of that system moves

2:42 on without apology. This is

2:42 the reality in which the fair

2:43 chance act was built. 750000

2:48 New York City residents carry

2:49 a criminal conviction. Nearly

2:51 a million of our neighbors and

2:53 when they are released.

2:54 Another other words have paid

2:55 their debt to society they

2:57 face closed doors at every

3:00 turn. Employers will not hire

3:01 them landlords who will not

3:03 house them and a society that

3:04 says you have served your time

3:06 and then make certain your

3:07 time never truly ends 93% of

3:12 formally incarcerated

3:13 individuals want to work and

3:15 seek employment. They are

3:17 ready, able and willing and

3:19 yet six out of 10 cannot find

3:22 work, especially during that

3:23 critical window after release

3:26 . The reality is we have built

3:27 a system of invisible

3:29 punishment that follows a

3:31 person long after they leave

3:34 prison more acutely in New

3:35 York City when a person cannot

3:36 find housing. There are 10

3:37 times more likely to become

3:39 homeless and someone without a

3:41 record families are forced t

3:42 ochoose between keeping their

3:43 loved one under their roof and

3:44 keeping that roof at all and

3:47 those who leave prison

3:48 homeless are seven times more

3:49 likely to violate their

3:51 release terms beginning a very

3:54 terrible cycle the fair chance

3:55 act in employment in the fair

3:56 chance and housing law passed

3:58 in 20 24 are not charity. They

4:00 are the bare minimum of what

4:03 justice requires.

4:04 These laws allow nearly a

4:05 million of our neighbors t

4:07 oformally end the period of

4:08 punishment and move on with

4:11 their lives. And of course, a

4:12 law means nothing if it is not

4:13 enforced with the full backing

4:14 of the city's power, including

4:17 resources and services. Today

4:19 we will examine whether these

4:20 protections are reaching the

4:22 people that they were written

4:24 for what's what. The state of

4:25 enforcement and investment

4:26 looks like, and if we are

4:28 making gains on the fair

4:29 chance for housing expansion I

4:32 look forward to hearing you

4:32 rtestimony and getting into the

4:34 details. I'm going to pass it

4:35 off to committee counsel to

4:38 administer the oath. Good

4:41 morning, everyone. Thank you

4:44 for joining us if you could

4:45 please raise your right hands,

4:47 this committee. I do. I do.

4:53 Thank you

4:54 , so much you begin. Goo

4:57 dmorning chair, Nurse and

4:59 committee staff thanks as wel

5:01 l, just echoing, you know it's

5:02 a lot of effort behind the

5:04 scenes that goes into these

5:05 hearings and we appreciate a

5:08 partnership with you. It's

5:09 also fair housing months so

5:10 happy, fair housing month.

5:11 Nice to do this in my name is

5:14 joanne cam afford? I'm deputy

5:16 commissioner of policy and

5:17 external affairs at the New

5:17 York City commission on human

5:19 rights and I'm joined by

5:19 hillary screw vonnie, who's

5:22 our director of policy and

5:25 adjudications. Hr is excited

5:27 to speak about our ongoing

5:28 commitment to advancing fair

5:30 chance protections and

5:30 employment and housing

5:33 amendments. The commission

5:34 astonishingly supported for

5:35 decades, which which

5:37 groundbreaking

5:38 . I will speak about how the

5:39 commission educated New

5:39 yorkers about their expanded

5:40 rights and works with housing

5:42 providers and employers, so

5:43 they know and comply with

5:46 evolving obligations, but

5:46 there's more detail in their

5:48 written testimony. Then what

5:49 I'm going to say this morning

5:52 but.

5:52 Since the passage of the

5:53 fair trance employment

5:54 protections in 2050 and the

5:55 commission has continued to

5:57 develop New initiatives t

5:58 oaddress this pervasive type of

6:01 discrimination. I'll speak

6:02 briefly about our dual mandate

6:03 and then turn more

6:04 specifically to the provisions

6:05 of the law and what we have

6:06 been doing today

6:10 . The law that we enforce, I

6:10 think as we have discussed

6:12 historically is one of the

6:13 strongest local civil rights

6:14 laws in the nation and

6:15 reflects a clear principle all

6:17 New yorkers deserve to live,

6:19 work and thrive in our City

6:21 free from discrimination to.

6:22 This end, the New York City

6:24 human rights law prohibits

6:25 discrimination in housing,

6:26 employment and public

6:29 accommodations across more

6:30 than 25 protected categories

6:32 really

6:32 . Since its inception, the

6:34 commission has been

6:35 responsible for preventing

6:36 discrimination through

6:37 education, outreach and

6:40 partnerships and when

6:41 violations are reported to us,

6:42 we investigate, seek to settle

6:45 cases to violations in order

6:47 to foster accountability and

6:48 secure meaningful relief for

6:53 New yorkers. Uh, now just

6:53 turning to the protections in

6:55 the fair chance amendments

6:57 that are really a vital part

6:58 of our mission to expand

7:01 access to opportunity

7:02 . These protections state that

7:03 passed interaction with the

7:04 criminal legal system should

7:05 not be a barrier to housing or

7:09 to employment.

7:09 They also recognize that

7:10 background checks are not

7:12 always reliable and provide

7:13 New yorkers the ability to

7:15 respond when error show up in

7:16 their applications for housing

7:17 or for employment, these

7:20 protections have evolved over

7:21 time as.

7:22 The chair noted in 2015 the

7:24 fair chance employment act was

7:26 passed prohibiting most New

7:27 York City employers from

7:28 considering an applicant's

7:31 criminal history until after a

7:32 conditional offer of

7:33 employment or from referencing

7:34 criminal histories and job ads

7:36 and applications, which we

7:37 know had a chilling effect on

7:40 just applying for jobs in the

7:43 first place.

7:43 The law allows for criminal

7:44 history to be taken into

7:45 account in limited

7:46 circumstances, but it also

7:47 guarantees that when this

7:49 happens job applicants receive

7:50 an individualized assessment

7:52 and requires that employers

7:53 demonstrate a specific

7:55 connection between a

7:56 conviction and a position

7:57 before an applicant can be

8:00 turned away in 20 19. These

8:01 protections were expanded t

8:02 ocover current employees and

8:04 additional types of case

8:06 dispositions together, these

8:07 workplace protections ensure

8:09 that qualified applicants are

8:09 evaluated based on their

8:11 skills and ability to perform

8:13 a job rather than being

8:18 automatically excluded. This

8:18 enhances access to employment

8:19 and supports economic mobility

8:21 , family stability and

8:24 successful reentry

8:24 . Turning to housing as we all

8:26 know and it's the chair also

8:28 mentioned stable housing is

8:30 foundational to dignity

8:31 ,health and economic security.

8:35 Fair chance housing

8:35 protections ensure that

8:36 individuals do not face

8:38 permanent exclusion from

8:39 housing based on past legal

8:40 system, involvement or the

8:41 existence of a criminal recor

8:46 d, the fair chance housing act

8:46 requires that New yorkers be

8:48 considered for housing based

8:50 on current eligibility, it

8:51 says that landlords and

8:52 brokers cannot discuss

8:53 criminal history and ads or

8:57 applications. While the law

8:57 does not strictly prohibit

8:58 background ches.ck the fair

9:00 chance housing act requires

9:03 two important things first

9:03 that if a housing provider

9:04 does a criminal background

9:05 check. It must be the last

9:06 part of the application

9:09 process and second that before

9:10 a candidate can be turned away

9:11 the housing provider must

9:13 conduct an individualized

9:14 analysis and provide a reason

9:15 to an applicant in writing by

9:18 promoting individualized

9:19 review and transparent

9:20 decision making these

9:21 protections help create the

9:23 conditions necessary for

9:24 employment, stability and

9:27 community safety.

9:28 And is noted by the chair.

9:29 These protections also are I

9:30 nplace to address long standing

9:33 racial injustice. That's the

9:34 law. Now I'm going to talk a

9:35 little bit about what we've

9:39 been doing so I just want to

9:40 start by noting the commission

9:41 worked very closely with

9:43 counsel and with advocates and

9:44 other stakeholders on the

9:46 passage of fair chance housing

9:48 protections, and we continue

9:50 to collaborate with partners

9:52 with experience in re entry

9:52 some of whom are in in this

9:54 room and are part of the fair

9:57 chance housing coalition

9:58 ,including the fortune society

9:59 the oz association, legal aid

10:02 community service society and

10:04 others. We also engaged an

10:07 artist with the department of

10:10 cultural affairs to take a

10:12 participatory approach t

10:13 oreally meeting with community

10:16 members who were impacted by

10:17 the criminal legal system and

10:18 bringing that to our education

10:19 and outreach and I'm happy to

10:20 talk more about that in the q

10:24 and a and our efforts were

10:24 designed to ensure that

10:27 outreach and education reflect

10:30 lived experience.

10:30 One of the aims, of course,

10:31 of the commission is to

10:32 prevent discrimination before

10:34 it occurs through outreach and

10:35 technical assistance and

10:38 education through guidance

10:39 trainings and speaking t

10:40 oworkers, tenants, employers,

10:42 housing providers cbos acros

10:43 sthe five boroughs. We helped

10:45 New yorkers understand their

10:46 rights and responsibilities, I

10:49 think being proactive in the

10:50 fair chance of space is also

10:53 super important because

10:54 compliance depends on

10:55 awareness of in depth

10:59 procedural requirements, the

11:00 use of lawful screening

11:00 practices, which sometimes are

11:01 kind of a black box of

11:04 information and individualized

11:07 review standards

11:07 . By expanding awareness and

11:08 promoting compliance on the

11:09 front end education and

11:10 outreach make protections of

11:11 lot meaningful and everyday

11:15 practice

11:15 . Ahead of the fair chance

11:16 housing acts effective date,

11:17 the agency worked with

11:19 advocates, sibling agencies

11:20 and housing providers to

11:22 velodep comprehensive

11:23 information and wants of

11:24 breakdown down barriers to

11:25 housing campaign, ushering a

11:26 nawareness of the law. We also

11:28 distributed resources and

11:31 outreach events ran digital

11:32 social media and linky kiosk

11:33 ads and placed posters and

11:34 convenience stores across the

11:36 City in multiple language t

11:39 odrive individuals to the

11:40 information that we've created

11:41 on our on our website

11:43 . And fiscal year 25, the

11:45 commission also created I

11:45 nhouse training for our staff.

11:48 Sof the public available by

11:54 request to ensure that anyone

11:56 who wants to know about the

11:57 law and learn more about some

11:59 of the details has the ability

12:03 to do that

12:03 . These protections are also

12:04 included in our mor

12:05 efrequently offered human

12:06 rights law 1 1 so that anyone

12:07 is talking to the commissioner

12:09 receiving a training is going

12:10 to know that your chance

12:13 protections, um, exist in New

12:16 York City, and we think that

12:17 the education and awareness

12:20 really foster compliance with

12:20 the aim with.

12:21 The aim of reducing

12:23 violations of the law, which

12:23 is a lofty objective. Um, this

12:28 these efforts complement our

12:29 enforcement and I think as

12:30 we've discussed before when

12:32 the commission receives

12:34 information suggesting

12:35 potential violations of fair

12:38 chance protections. The agenc

12:38 yhas ability, too launch