On April 20, 2024, the New York State Legislature enacted the Good Cause Eviction Law, marking a significant shift in the relationship between landlords and tenants across the state. As a seasoned attorney with years of experience in New York City’s landlord-tenant law, I can confidently say that this is one of the most impactful changes we have seen in decades. This blog post will provide a comprehensive overview of this new law, its implications, and what both landlords and tenants need to know moving forward.
What is the Good Cause Eviction Law?
The Good Cause Eviction Law fundamentally alters the way evictions and rent increases are handled in New York State. Designed to enhance housing stability, the law introduces several new protections for tenants facing eviction, particularly those in market-rate apartments who previously had limited safeguards against eviction and rent hikes.
Key Provisions of the Law:
- Protection Against Unreasonable Rent Increases:
- The law defines an “unreasonable” rent increase as the lesser of either a 10% increase over the tenant’s current rent or a 5% increase plus the consumer price index (CPI). For example, if the CPI is at 3.82%, any rent increase above 8.82% would be considered unreasonable.
- Tenants now have the right to challenge any rent increase they deem unreasonable. If the court finds the increase unjustified, the tenant’s failure to pay the increased amount does not constitute grounds for eviction.
- Requirement for Good Cause in Evictions:
- Landlords must now provide a valid, legally recognized reason—referred to as “good cause”—for evicting a tenant or refusing to renew a lease. Examples of good cause include the tenant’s failure to pay rent (assuming the rent is not unreasonable), violation of the lease terms, or illegal activity within the unit.
- The days of landlords evicting tenants without a reason or simply deciding not to renew a lease on a whim are over. This law introduces a critical layer of protection for tenants, ensuring they can remain in their homes unless there is a legitimate reason for their removal.
Who is Covered Under the Good Cause Eviction Law?
While the Good Cause Eviction Law provides broad protections, not all tenants fall under its umbrella. The law applies to tenants in properties where the landlord owns more than 10 units within the state, provided the building’s certificate of occupancy was issued before January 1, 2009. This means that many tenants in New York City, particularly those in older, larger buildings, are likely to benefit from these new protections.
Exemptions: Certain properties and situations are exempt from the Good Cause Eviction Law, including:
- Tenants in rental units of condominium or cooperative buildings
- Rent stabilized apartments (under local, state, or federal law)
- Units built after 2009
- Tenants that pay more than 245% of the fair market rent
- Small landlords (owns no more than 10 units in the state)
- Tenants that live in an owner-occupied building containing 10 units or less
- Any building subject to an offering plan submitted to the Attorney General
- Buildings with COs that are issued after 1/1/2009 for a period of 30 years following the issuance of the certification are exempt for 30 years.
- Anyone currently in housing court disputes
- Occupancies that are incident to employment, seasonable units, units within hospitals, manufactured homes, hotels, dorms, or units within religious facilities.
What Does This Mean for Tenants?
The Good Cause Eviction Law represents a monumental shift in the landscape of tenant rights in New York State, reinforcing the state’s long-standing commitment to protecting its residents. For decades, New York has been known for its tenant-friendly laws, but the introduction of the Good Cause Eviction Law takes this to an unprecedented level. It offers tenants a newfound sense of security and fairness in a rental market that has often been challenging to navigate.
This law is a landmark victory for tenants, providing robust protections that were previously unavailable to many, especially those living in market-rate apartments. The Good Cause Eviction Law ensures that tenants now have the legal backing to challenge not only unreasonable rent increases but also evictions that lack legitimate grounds. This represents a fundamental shift in power dynamics between tenants and landlords, giving tenants a much stronger voice in matters that directly impact their housing stability.
New York State (and especially NYC) has always prided itself on being a haven for tenant rights, but this law cements that reputation by making it significantly more difficult for landlords to displace tenants without just cause. The Good Cause Eviction Law is designed to be inherently tenant-friendly, placing the burden on landlords to prove that their actions—whether it’s a rent increase or an eviction—are justified and lawful. This legal framework means that tenants are no longer at the mercy of arbitrary decisions by landlords; instead, they have a structured, fair process that protects their interests.
What Does This Mean for Landlords?
The introduction of the Good Cause Eviction Law means that landlords must now navigate additional legal requirements when seeking to remove a tenant or raise rents. The law mandates that landlords include a Good Cause Eviction Notice in all lease agreements, renewals, notices of rent increases, notices of rent, and all other notices that landlords are required to provide tenants. This notice must clarify whether the unit is subject to the Good Cause Eviction Law or if it falls under an exemption.
Landlords must also be prepared to justify any rent increases that exceed the thresholds established by the law. Failure to provide a valid reason for eviction or to comply with the notice requirements could result in legal challenges and potentially costly disputes.
Conclusion
The Good Cause Eviction Law represents a new chapter in New York State’s housing laws, offering increased protections for tenants while imposing new responsibilities on landlords. As with any significant legal change, it is crucial for both landlords and tenants to fully understand their rights and obligations under this new law.
For landlords, staying compliant will require careful attention to the law’s provisions and potentially reevaluating current practices regarding lease renewals and rent increases. For tenants, this law provides a powerful tool to ensure fair treatment and housing stability.
As this law is still relatively new, we anticipate that further guidance and legal interpretations will emerge over time as this starts playing out in housing courts. Whether you are a landlord or a tenant, it’s essential to consult with an experienced landlord tenant attorney to navigate these changes effectively. #evictionattorneys #Landlordtenantlawyers.
ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.