In most cases, no. As of April 18, 2026, New York State prohibits employers from requesting or using consumer credit history for employment decisions, joining California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington in restricting employment credit checks.
New York City has banned most employer credit checks since 2015. The state law allows only narrow, position-specific exemptions.
What the state law prohibits
"Consumer credit history" covers credit reports, credit scores, creditworthiness, payment history, and information about credit accounts, bankruptcies, judgments, and liens. Employers cannot request, obtain, or use any of this for hiring, promotion, or other employment decisions. The law also prohibits consumer reporting agencies from providing employment credit reports unless the position is exempt.
Employees have a private right of action for actual damages, attorneys' fees, and legal costs. The NYC Commission on Human Rights enforces the city's Stop Credit Discrimination in Employment Act, with civil penalties up to $125,000 per violation and $250,000 for willful conduct. The state statute may face federal preemption challenges under the Fair Credit Reporting Act, though no successful preemption ruling has limited it to date.
Which positions remain exempt
- Positions where credit checks are required by federal or state law or a self-regulatory organization such as FINRA
- Peace officers, police, and investigative roles in government agencies
- Roles requiring federal or state security clearance or bonding
- Non-clerical roles with regular access to trade secrets or intelligence information
- Positions with signatory authority or fiduciary duty over third-party funds of $10,000 or more, or roles that regularly modify digital security systems
Exemptions apply position by position, not employer-wide. Full statutory text is in S03072.
Steps HR teams typically take to comply
For NYC employers, the stricter of the two laws applies, which means that many HR teams were already compliant with this new regulation.
NY-state employers with employees in Albany, for example, typically remove credit-check language from non-exempt applications and offer letters, update background-check vendor agreements, and revise hiring policies and the handbook. When claiming an exemption, document which positions qualify and why, and retain those records for at least five years per NYC CCHR guidance. For these companies, retaining these records are typically part of their employee file requirements.
Disclaimer:
This article informs. It does not advise on the law. Federal law may override the consumer reporting agency rule. Check what currently applies before you rely on it.
TL;DR
- As of April 18, 2026, New York State bans most employer credit checks, but NYC has applied the same rule since 2015.
- Exemptions are narrow and position-specific: FINRA roles, law enforcement, security clearance, and roles with fiduciary authority over $10,000.
- HR teams typically remove checks from non-exempt hiring, update vendor agreements, and document any exemptions they claim.