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Journal of Law and Policy

Bianca B. Li

Abstract

While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of the New York City Human Rights Law as it applies to housing discrimination faced by sex workers, and names the dangers faced by sex workers whose landlords are criminally penalized for allowing sex work to occur on or near their properties. It emphasizes that the sex workers most likely to be criminalized and shut out of housing are Black and brown women who perform street-based work. This Note’s solution is the decriminalization of sex work in all aspects. Doing so is one straightforward way to improve sex workers’ access to housing, as nearly every rental application requires a criminal background check. This Note calls attention to current legislation that would decriminalize sex work in New York City, and other legislation that would allow sex workers to clear their criminal convictions. As an alternative solution, this Note suggests that criminal background checks be prohibited in housing applications, a step that would remove a major hurdle to obtaining safe, stable housing.

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