Yes, you can apply to NYCHA even if you have a criminal record. NYCHA won’t know ask about your record until an apartment opens up, which could take months or years. By then, your record may no longer affect your eligibility.

There are very few offenses that make you permanently ineligible. NYCHA overlooks most nonviolent offenses that aren’t related to drugs, weapons, or abuse. You may be temporarily ineligible for 3–6 years depending on whether the crime was a misdemeanor or a felony. 

If you were sentenced to incarceration, the ineligibility period starts when you complete your sentence. If your sentence didn’t include incarceration, the clock starts on the disposition date—the date the court made a final decision on your case.

NYCHA runs a background check only when you’re matched with an apartment. If you’re still within the ineligibility period, NYCHA will notify you that you are preliminarily ineligible. You can then submit evidence to the NYCHA’s Justice Committee to support your eligibility.

You can submit evidence explaining your circumstances at the time of conviction, such as:

• Your age if you were young
• Issues at home or in your life
• Acting in self-defense
• First-time conviction

You can also submit evidence showing your rehabilitation and stability, such as:

• Completion of anger management or drug rehab programs
• Positive probation officer reports
• Returning to school, stable employment, or caring for children

The Justice Committee will review your evidence and decide whether your criminal background should affect your eligibility. If they decide it should, you can appeal. If they decide it shouldn’t, you can live in NYCHA housing.

If you need assistance with submitting an RFM claim or understanding your rights as a NYCHA resident, contact our Public Housing Unit by calling 212-298-3450 or emailing publichousingunit@legal-aid.org. Or contact NYCHA’s Customer Contact Center at 718-707-7771 for more information.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.