Effective September 3, 2015, New York City will have amended their City Human Rights Law (N.Y. City Admin Code Sec. 8-107(24)) to preclude employers from utilizing consumer credit reports and credit history as a basis for hiring decisions. Essentially, most employers will no longer be allowed to run credit reports or obtain credit history from applicants. Employers can also not use this information, if received, as a basis for hiring or not hiring an applicant.

There are few exceptions to this new rule. The only exceptions are limited to employers who must use this information; such as in the securities and finance industries, where provided by law, police or peace officers, employees in office of high public trust (one that is subject to background check by the Dept. of Investigation), employees where a security clearance is required by law, a position that is enforcing network / data security, or if the employee is in a position with signatory authority or fiduciary responsibility over the assets or funds of a third party in excess of $10,000.

Most of the applicants throughout the city are not going to be a part of these excepted situations, so in instances where an employer will be hiring for maintenance and management of building, for instance, these consumer credit reports and information are no longer permitted.