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September 12, 2022
https://hcr.ny.gov/fair-housing
Additionally, at the time the housing provider requests additional information from an applicant
with a low credit score or negative credit history, the housing provider must also provide the
applicant with an application that includes information that explains the procedures and policies
with regards to credit history. Compliance with this requirement shall be demonstrated by
providing the applicants with HCR’s “Know Your Rights” materials. (https://hcr.ny.gov/KYR-
Credit.) In the event that an applicant is denied on the basis of credit history, the applicant must
be provided with fourteen (14) business days to appeal such determination.
The following information may not be considered in this individualized assessment pursuant to
the credit policy:
• Debt to income ratios;
• Lack of credit history or rental history;
• Housing court history or past or pending landlord-tenant action;
• Guarantors or co-signers, with the exception of not-for-profits or government entities
acting on behalf of their clients;
• Home visits or representations of the applicant’s living situation; or
•
Outreach to current or previous landlords, neighbors or others associated with the Applicant’s living situation, except (1) as specifically authorized by the Applicant to obtain
a current or previous landlord’s written record of rent payment, or (2) to obtain information
from a current or previous landlord regarding Applicant’s history of major lease violations
(e.g., nonpayment of rent or use of premises for illegal purposes). Housing providers are
prohibited from seeking any additional information not specifically set forth above
regarding the Applicant’s living situation, and such additional information, if provided,
may not be used as the basis to reject an Applicant.
HCR’s policy concerning credit history requires that the housing provider maintain records
concerning (a) the number of applications where the applicant had a low credit score or negative
credit history, and (b) the number of those applicants with low credit scores or negative credit
histories accepted or denied as tenants. During your compliance monitoring site visits conducted
by AMU, the AMU staff will be verifying that the housing provider can demonstrative
compliance with HCR’s guidelines for assessing applicants with low credit scores or negative
under federal, state or local law, including, but not limited to the New York State Housing
Stability and Tenant
Protection Act of 2019 and the Fair Credit Reporting Act (FCRA). Among
other provisions, FCRA requires that individuals (1) must be told if information in their credit
report has been used against them, (2) must be allowed access to their credit report, and (3) have
the right to dispute inaccurate or incomplete information contained in a credit report. For more
information on FCRA, please review the following document produced by the Federal Trade
Commission. (https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf).
f. Compliance with the Violence Against Women Act (“VAWA”)
Under VAWA, potential tenants and current tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking cannot be denied tenancy or evicted as a result of an
incident of domestic violence, dating violence, sexual assault, or stalking that is reported and
confirmed. These protections extend to women, men, and people in same-sex relationships.