New York City updates its Fair Chance Act rules

The New York City Commission on Human Rights updated its rules under the Fair Chance Act, and the revised rules took effect on October 30, 2026. The law itself is unchanged: employers with four or more employees still check criminal history only after a conditional offer. The rules change how parts of that process work.

What changed

Errors in the record. If the candidate shows that the criminal history information contains a material error, the employer must prepare a new Fair Chance analysis based on the corrected information before deciding.

Misrepresentation. The rules clarify how an employer may handle a candidate who intentionally misrepresented their criminal history, and what the employer has to show.

Job ads. Employers may use inclusive language about candidates with records; the rules do not require a fair chance statement in every ad. Ads still can't exclude people because of a criminal record.

What stays the same

Employers generally complete the non-criminal parts of screening first, then make a conditional offer, then check criminal history. Before withdrawing an offer, they send the candidate the criminal history information and a written Fair Chance analysis, keep the job open and give at least five business days from receipt of both to respond.

What employers should do

1. Update the Fair Chance Notice workflow so a new analysis is prepared whenever a candidate shows a material error.
2. Review job ad templates for any language that excludes people with records.
3. Document misrepresentation decisions with the record, the candidate's answer and the reason for the decision.

All New York background check rules for employers →