Understanding New York’s Good Cause Eviction Law

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As housing is a major issue, New York recently enacted significant legislation to enhance tenant protections: The Good Cause Eviction Law, effective April 2024. This blog post will break down some key components of this law and its implications for tenants and landlords.

What is the Good Cause Eviction Law?

The Good Cause Eviction Law represents a major shift in tenant protections in New York. Its primary objective is to prevent tenants in unregulated apartments from being evicted when their lease expires.  It also seeks to prevent unreasonable evictions and excessive rent increases, thus providing greater stability for renters. This legislation is intended to increase housing rights and further protect tenants.

Eviction Restrictions Under the Good Cause Eviction Law

Under the new law, most tenants in unregulated apartments cannot be evicted when their lease expires. Landlords can only evict tenants for specific “Good Causes.” These causes include:

  • Non-payment of reasonable rent: If tenants fail to pay rent that the court deems reasonable, an eviction can proceed.
  • Lease violations: This includes breaches of substantial obligations under the lease agreement.
  • Creating a nuisance: Tenants causing significant disturbances to other residents or the property can be evicted.
  • Substantial property damage: Malicious or grossly negligent damage to the premises.
  • Illegal use of the property: Engaging in illegal activities within the rental unit.
  • Owner’s right to occupy for personal use: Rent Stabilized Units: Under New York Rent Stabilization laws, an owner has the right to evict a tenant if they or an immediate family member intend to occupy the unit for their personal use as their primary residence. However, strict rules and procedures apply to prevent abuse:
    • The landlord must demonstrate a genuine, immediate need to live in the apartment.
    • The landlord can only claim one apartment for personal use per building.
    • If there are multiple tenants, only one unit may be claimed for personal or family use.

Landlords must obtain a court order to evict a tenant, ensuring that evictions are justified and not arbitrary. Tenants cannot waive their rights under this law, and any attempt to do so is void as against public policy.

Rent Increase Limitations

One critical aspect of the Good Cause Eviction Law is its limitation on annual rent increases. Specifically, rent increases are capped at 5% plus inflation rate or 10% whichever is lower. For instance, as of April 2024, rent increases over 8.82% are unreasonable and can be challenged in court.

When determining whether a rent increase is reasonable, courts consider factors such as:

  • Property tax increases.
  • Significant repairs: These are defined as major modifications requiring governmental permits, excluding cosmetic improvements like painting.
  • Operating costs: Including fuel, utilities, insurance, and maintenance.

Coverage and Exemptions

The Good Cause Eviction Law applies broadly to most rental units, but there are several notable exemptions:

  • Small Landlords who own ten or fewer units, are exempt from the Good Cause Eviction Law
  • Condos and Co-ops.
  • Newly constructed buildings (post-2009).
  • Temporary or seasonal units.
  • High-rent units: For instance, rentals exceeding $5,846 for a studio in NYC are exempt.

It is estimated that approximately 75% of New York City tenants will be protected under this law, either through existing rent regulation or the new Good Cause Eviction protections.

Notice Requirements

Landlords are required to provide written notice on all new and renewal leases, specifying whether Good Cause Eviction protections cover the unit. For rent increases or eviction notices, landlords must clearly state whether the unit is exempt and provide supporting information if claiming an exemption. This requirement ensures transparency and prevents unlawful evictions.

Conclusion

The Good Cause Eviction Law is a landmark piece of legislation aimed at enhancing tenant stability in New York. By preventing arbitrary evictions and limiting unreasonable rent increases, it offers significant protections for renters. As the law takes effect, tenants and landlords must familiarize themselves with these new regulations to ensure compliance and protect their rights.

If you are a tenant or landlord facing issues related to New York’s Good Cause Eviction Law, understanding your rights is crucial. For expert legal guidance on rent increases, lease renewals, or any eviction-related matters, reach out to The Law Offices of Justin C. Brasch at 212-267-2500. They can help you navigate the complexities of this law and protect your rights.

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Justin Brasch
Justin C. Brasch is the founding partner of the Law Offices of Justin C. Brasch and has practiced Landlord/Tenant and Leasing law for over 20 years. His areas of practice include Business & Commercial Law, Contracts, Criminal Law, Landlord-Tenant, Leasing, New York City Building and Fire Code Violations, and Real Estate Law.Mr. Brasch has substantial experience and expertise litigating landlord-tenant and complex commercial and residential real estate disputes. Before establishing his firm in 1996, Justin Brasch was a litigation …

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