8-15-24 New York Good Cause Eviction Law (effective as of April 20, 2024)
On April 20, 2024, New York State enacted the Good Cause Eviction Law. The law limits evictions and caps rent increases for most market-rate apartments in New York City, and other villages, towns, or cities throughout New York State that elect to opt-in. So far, Albany, Ithaca, Kingston, and Poughkeepsie have elected to opt-in, with more expected to follow.
Below is an overview of the law and its requirements for all rented apartments, units, or homes in New York City and for those municipalities that have opted in.
Definition of Good Cause
Under the Good Cause Eviction Law, landlords are allowed to evict tenants for the following “good cause” reasons:
- Nonpayment of rent, as long as the basis for nonpayment is not an unreasonable rent increase;
- Breach of a substantial obligation of the lease agreement and failure to cure;
- Nuisance;
- Illegal occupancy;
- Tenant uses or permits the premises to be used for an illegal purpose;
- Failure to provide access for repairs;
- *The landlord or landlord’s family member plans to move into the home.[1] Significantly, this reason is not applicable if the home is occupied by a tenant who is 65+ years old or has a disability;
- *Demolition;
- *Withdrawal from the rental market (landlord plans to take the home off the market); and
- Where a tenant fails to agree to reasonable changes in the lease at renewal.
*If a landlord claims one of the starred reasons for eviction, they must present “clear and compelling” evidence in court that shows the action they plan to take.
Exemptions
The Good Cause Eviction Law does not apply if there is no landlord-tenant relationship, as specified in Real Property Actions and Proceedings Law (RPAPL) § 713, or for units that are subject to local, state, or federal regulations. In addition, the law does not apply to (a) properties owned by “small landlords” who own up to 10 units, (b) owner-occupied properties with up to 10 units, (c) sublet units, (d) employee-occupied units, and (e) rent-regulated units, such as (i) affordable housing, (ii) units owned in a condo or co-op building, (iii) units where a Certificate of Occupancy was issued on or after Jan. 1, 2009, for a 30-year period, (iv) seasonal dwellings, (v) units in a medical facility, (vi) manufactured homes, (vii) hotel rooms/class B dwellings, (viii) dorms operated by schools, (ix) units located in or for use by a religious institution, and (x) units where the rent charged is greater than 245% of Fair Market Rent (“FMR”) for a unit of that type.[2] Municipalities outside of New York City that opt-in to the Good Cause Eviction Law may further narrow these exemptions by defining a “small landlord” as a person owning fewer than 10 units, and the municipality may choose to set a higher FMR threshold.[3]
Cap on Rent Increases for Initial Leases and Lease Renewals
Effective immediately, landlords in municipalities that elect to adopt the Good Cause Eviction Law are prohibited from taking an unreasonable rent increase upon a lease renewal, which is the lesser of the inflation index (i.e., 5% plus annual percentage change in the Consumer Price Index or CPI) or 10%. Rent increases or lease renewals cannot exceed this cap.
Where a rent increase is found unreasonable, a tenant’s failure to pay the increase does not constitute “good cause” to remove or evict a tenant. However, a landlord may rebut the presumption that a rent increase is unreasonable in court. To rebut the presumption, the court may consider all relevant factors, including increases based on completed “significant repairs” that were not the result of a landlord’s failure to maintain the property or unit, defined as follows:
The replacement or substantial modification of any structural, electrical, plumbing, or mechanical systems or abatement of hazardous materials, including lead paint, mold, or asbestos, but not cosmetic improvements, such as painting, decorating, or minor repairs. A court may consider other relevant facts, including, but not limited to, fuel, utility, insurance, and/or maintenance costs. Any increases that are below the lesser of the inflation index or 10% are per se reasonable.
Notice Requirements for All Leases, Notices, and Petitions
A tenant cannot waive their right to the protections of the Good Cause Eviction Law. Any agreement attempting to waive a tenant’s rights under the law is deemed void as against public policy.
As of August 18, 2024, landlords must provide the Good Cause Eviction Law Notice for all initial leases, renewal leases, notices, and petitions, including all notices of nonrenewal of leases and all 14-Day Notices to Quit. The Good Cause Eviction Law Notice requires landlords to (1) inform tenants whether the Good Cause Eviction Law covers their unit or explain why it is exempt from the law; (2) justify rent increases if the Good Cause Eviction Law covers the unit; and (3) justify non-renewals if the Good Cause Eviction Law covers the unit. A copy of the required Good Cause Eviction Law Notice follows this summary per New York Real Property Law § 231-c.
Significantly, landlords in municipalities located outside New York City must also provide the Good Cause Eviction Law Notice even if the locality has yet to adopt the law. Those landlords must select or check the following reason in the Good Cause Eviction Law Notice: “Village/Town/City outside of New York City has not adopted good cause eviction under section 213 of the Real Property Law.” For all 14-Day Notices to Quit, the Good Cause Eviction Law Notice must be appended to or contained within the 14-Day Notice to Quit.
In addition, in municipalities that have adopted the Good Cause Eviction Law, landlords must provide the Good Cause Eviction Notice even if a unit is exempt from the law and must identify all applicable reasons and/or exemptions contained in the Good Cause Eviction Notice for all units. The Good Cause Eviction Law Notice must be appended to or contained within all 14-Day Notices to Quit, even if the municipality has not adopted the Good Cause Eviction Law or the property is exempt from the law.
The Good Cause Eviction Law Notice requirement is effective starting August 18, 2024. Many municipalities across the state, including the City of Rochester, may soon adopt the law and, if so, the same requirements stated above will apply.
Impact
The Good Cause Eviction Law is broad in scope and will have far-reaching effects on the rental housing market in New York State. For localities outside New York City, the New York State Attorney General’s Office and New York State Tenant Protection Unit will closely monitor landlords for compliance with the Good Cause Law.
Woods Oviatt Gilman LLP remains fully prepared to advise landlords, property owners, and localities about the Good Cause Eviction Law and its impact on the rental housing market throughout New York State.
NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY
OF THE NEW YORK STATE GOOD CAUSE EVICTION LAW
This notice from your landlord serves to inform you of whether or not your unit/apartment/home is covered by the New York State Good Cause Eviction Law (Article 6-A of the Real Property Law) and, if applicable, the reason permitted under the New York State Good Cause Eviction Law that your landlord is not renewing your lease. Even if your apartment is not protected by Article 6-A, known as the New York State Good Cause Eviction Law, you may have other rights under other local, state, or federal laws and regulations concerning rents and evictions. This notice, which your landlord is required to fill out and give to you, does not constitute legal advice. You may wish to consult a lawyer if you have any questions about your rights under the New York State Good Cause Eviction Law or about this notice.
NOTICE
(THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)
UNIT INFORMATION
STREET:
_______________________________________________________________________
UNIT OR APARTMENT NUMBER:
_______________________________________________________________________
CITY/TOWN/VILLAGE:
_______________________________________________________________________
STATE:
_______________________________________________________________________
ZIP CODE:
_______________________________________________________________________
1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW?
(PLEASE MARK APPLICABLE ANSWER)
YES ___ NO ___
2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT FROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS)
A. Village/Town/City outside of New York City has not adopted good cause eviction under section 213 of the Real Property Law___;
B. Unit is owned by a "small landlord," as defined in subdivision 3 of section 211 of the Real Property Law, who owns no more than 10 units for small landlords located in New York City or the number of units established as the maximum amount a "small landlord" can own in the state by a local law of a village, town, or city, other than New York City, adopting the provisions of Article 6-A of the Real Property Law, known as the New York State Good Cause Eviction Law, or no more than 10 units, as applicable. In connection with any eviction proceeding in which the landlord claims an exemption from the provisions of Article 6-A of the Real Property Law, known as the New York State Good Cause Eviction Law, on the basis of being a small landlord, the landlord shall provide to the tenant or tenants subject to the proceeding the name of each natural person who owns or is a beneficial owner of, directly or indirectly, in whole or in part, the housing accommodation at issue in the proceeding, the number of units owned, jointly or separately, by each such natural person owner, and the addresses of any such units, excluding each natural person owner's principal residence. If the landlord is an entity, organized under the laws of this state or of any other jurisdiction, then such landlord shall provide to the tenant or tenants subject to the proceeding the name of each natural person with a direct or indirect ownership interest in such entity or any affiliated entity, the number of units owned, jointly or separately, by each such natural person owner, and the addresses of any such units, excluding each natural person owner's principal residence (exemption under subdivision 1 of section 214 of the Real Property Law) ___;
C. Unit is located in an owner-occupied housing accommodation with no more than 10 units (exemption under subdivision 2 of section 214 of the Real Property Law) ___;
D. Unit is subject to regulation of rents or evictions pursuant to local, state, or federal law (exemption under subdivision 5 of section 214 of the Real Property Law) ___;
E. Unit must be affordable to tenants at a specific income level pursuant to statute, regulation, restrictive declaration, or pursuant to a regulatory agreement with a local, state, or federal government entity (exemption under subdivision 6 of section 214 of the Real Property Law) ___;
F. Unit is on or within a housing accommodation owned as a condominium or cooperative, or unit is on or within a housing accommodation subject to an offering plan submitted to the office of the attorney general (exemption under subdivision 7 of section 214 of the Real Property Law) ___;
G. Unit is in a housing accommodation that was issued a temporary or permanent certificate of occupancy within the past 30 years (only if building received the certificate on or after January 1st, 2009) (exemption under subdivision 8 of section 214 of the Real Property Law) ___;
H. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of section 7-108 of the General Obligations Law (exemption under subdivision 9 of section 214 of the Real Property Law) ___;
I. Unit is in a hospital as defined in subdivision 1 of section 2801 of the Public Health Law, continuing care retirement community licensed pursuant to Article 46 or 46-A of the Public Health Law, assisted living residence licensed pursuant to Article 46-B of the Public Health Law, adult care facility licensed pursuant to Article 7 of the Social Services Law, senior residential community that has submitted an offering plan to the attorney general, or not-for-profit independent retirement community that offers personal emergency response, housekeeping, transportation and meals to their residents (exemption under subdivision 10 of section 214 of the Real Property Law) ___;
J. Unit is a manufactured home located on or in a manufactured home park as defined in section 233 of the Real Property Law (exemption under subdivision 11 of section 214 of the Real Property Law) ___;
K. Unit is a hotel room or other transient use covered by the definition of a class B multiple dwelling under subdivision 9 of section 4 of the Multiple Dwelling Law (exemption under subdivision 12 of section 214 of the Real Property Law) ___;
L. Unit is a dormitory owned and operated by an institution of higher education or a school (exemption under subdivision 13 of section 214 of the Real Property Law) ___;
M. Unit is within and for use by a religious facility or institution (exemption under subdivision 14 of section 214 of the Real Property Law) ___;
N. Unit has a monthly rent that is greater than the percent of fair market rent established in a local law of a village, town, or city, other than New York City, adopting the provisions of Article 6-A of the Real Property Law, known as the New York Good Cause Eviction Law, or 245 percent of the fair market rent, as applicable. Fair market rent refers to the figure published by the United States Department of Housing and Urban Development, for the county in which the housing accommodation is located, as shall be published by the Division of Housing and Community Renewal no later than August 1st in any given year. The Division of Housing and Community Renewal shall publish the fair market rent and 245 percent of the fair market rent for each unit type for which such fair market rent is published by the United States Department of Housing and Urban Development for each county in New York State in the annual publication required pursuant to subdivision 7 of section 211 of the Real Property Law (exemption under subdivision 15 of section 214 of the Real Property Law) ___;
3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is presumptively unreasonable if the increase from the prior rent is greater than the lower of: (a) 5 percent plus the annual percentage change in the consumer price index for all urban consumers for all items as published by the United States Bureau of Labor Statistics for the region in which the housing accommodation is located, as published not later than August 1st of each year by the Division of Housing and Community Renewal; or (b) 10 percent.)
(PLEASE MARK AND FILL OUT THE APPLICABLE RESPONSE):
A. The rent is not being increased above the threshold for presumptively unreasonable rent increases described above: ___;
B. The rent is being increased above the threshold for presumptively unreasonable rent increases described above: ___;
B-1: If the rent is being increased above the threshold for presumptively unreasonable rent increases described above, what is the justification for the increase: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE SERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE, WHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL APPLICABLE REASONS)
A. This unit is exempt from Article 6-A of the Real Property Law, known as the New York State Good Cause Eviction Law, for the reasons stated in response to question 2, above (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;
B. The tenant is receiving this notice in connection with a first lease or a renewal lease, so the landlord does not need to check any of the lawful reasons listed below for not renewing a lease under Article 6-A of the Real Property Law, known as the New York State Good Cause Eviction Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUESTION SHOULD BE CHECKED) ___;
C. The landlord is not renewing the lease because the unit is sublet and the sublessor seeks in good faith to recover possession of the unit for their own personal use and occupancy (exemption under subdivision 3 of section 214 of the Real Property Law): ___;
D. The landlord is not renewing the lease because the possession, use or occupancy of the unit is solely incident to employment and the employment is being or has been lawfully terminated (exemption under subdivision 4 of section 214 of the Real Property Law): ___;
E. The landlord is not renewing the lease because the tenant has failed to pay rent due and owing, and the rent due or owing, or any part thereof, did not result from a rent increase which is unreasonable. A rent increase is presumptively unreasonable if the increase from the prior rent is greater than the lower of: (a) 5 percent plus the annual percentage change in the consumer price index for all urban consumers for all items as published by the United States Bureau of Labor Statistics for the region in which the housing accommodation is located, as published not later than August 1st of each year by the Division of Housing and Community Renewal; or (b) 10 percent (good cause for eviction under paragraph a of subdivision 1 of section 216 of the Real Property Law): ___;
F. The landlord is not renewing the lease because the tenant is violating a substantial obligation of their tenancy or breaching any of the landlord's rules and regulations governing the premises, other than the obligation to surrender possession of the premises, and the tenant has failed to cure the violation after written notice that the violation must cease within 10 days of receipt of the written notice. For this good cause to apply, the obligation the tenant violated cannot be an obligation that was imposed for the purpose of circumventing the intent of Article 6-A of the Real Property Law, known as the New York State Good Cause Eviction Law. The landlord's rules or regulations that the tenant has violated also must be reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term (good cause for eviction under paragraph b of subdivision 1 of section 216 of the Real Property Law): ___;
G. The landlord is not renewing the lease because the tenant is either (a) committing or permitting a nuisance on the unit or the premises; (b) maliciously or grossly negligently causing substantial damage to the unit or the premises; (c) interfering with the landlord's, another tenant's, or occupants of the same or an adjacent building or structure's comfort and safety (good cause for eviction under paragraph c of subdivision 1 of section 216 of the Real Property Law): ___;
H. The landlord is not renewing the lease because the tenant's occupancy of the unit violates law and the landlord is subject to civil or criminal penalties for continuing to let the tenant occupy the unit. For this good cause to apply, a state or municipal agency having jurisdiction must have issued an order requiring the tenant to vacate the unit. No tenant shall be removed from possession of a unit on this basis unless the court finds that the cure of the violation of law requires the removal of the tenant and that the landlord did not, through neglect or deliberate action or failure to act, create the condition necessitating the vacate order. If the landlord does not try to cure the conditions causing the violation of the law, the tenant has the right to pay or secure payment, in a manner satisfactory to the court, to cure the violation. Any tenant expenditures to cure the violation shall be applied against rent owed to the landlord. Even if removal of a tenant is absolutely essential to the tenant's health and safety, the tenant shall be entitled to resume possession at such time as the dangerous conditions have been removed. The tenant also retains the right to bring an action for monetary damages against the landlord or to otherwise compel the landlord to comply with all applicable state or municipal housing codes (good cause for eviction under paragraph d of subdivision 1 of section 216 of the Real Property Law): ___;
I. The landlord is not renewing the lease because the tenant is using or permitting the unit or premises to be used for an illegal purpose (good cause for eviction under paragraph e of subdivision 1 of section 216 of the Real Property Law): ___;
J. The landlord is not renewing the lease because the tenant has unreasonably refused the landlord access to the unit for the purposes of making necessary repairs or improvements required by law or for the purposes of showing the premises to a prospective purchaser, mortgagee, or other person with a legitimate interest in the premises (good cause for eviction under paragraph f of subdivision 1 of section 216 of the Real Property Law): ___;
K. The landlord is not renewing the lease because the landlord seeks in good faith to recover possession of the unit for the landlord's personal use and occupancy as the landlord's principal residence, or for the personal use and occupancy as a principal residence by the landlord's spouse, domestic partner, child, stepchild, parent, step-parent, sibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The landlord can only recover the unit for these purposes if there is no other suitable housing accommodation in the building that is available. Under no circumstances can the landlord recover the unit for these purposes if the tenant is (a) 65 years old or older; or (b) a "disabled person" as defined in subdivision 6 of section 211 of the Real Property Law. To establish this good cause in an eviction proceeding, the landlord must establish good faith to recover possession of a housing accommodation for the uses described herein by clear and convincing evidence (good cause for eviction under paragraph g of subdivision 1 of section 216 of the Real Property Law): ___;
L. The landlord is not renewing the lease because the landlord in good faith seeks to demolish the housing accommodation. To establish this good cause in an eviction proceeding, the landlord must establish good faith to demolish the housing accommodation by clear and convincing evidence (good cause for eviction under paragraph h of subdivision 1 of section 216 of the Real Property Law): ___;
M. The landlord is not renewing the lease because the landlord seeks in good faith to withdraw the unit from the housing rental market. To establish this good cause in an eviction proceeding, the landlord must establish good faith to withdraw the unit from the rental housing market by clear and convincing evidence (good cause for eviction under paragraph i of subdivision 1 of section 216 of the Real Property Law): ___;
N. The landlord is not renewing the lease because the tenant has failed to agree to reasonable changes at lease renewal, including reasonable increases in rent, and the landlord gave written notice of the changes to the lease to the tenant at least 30 days, but no more than 90 days, before the current lease expired. A rent increase is presumptively unreasonable if the increase from the prior rent is greater than the lower of: (a) 5 percent plus the annual percentage change in the consumer price index for all urban consumers for all items as published by the United States Bureau of Labor Statistics for the region in which the housing accommodation is located, as published by August 1st of each year by the Division of Housing and Community Renewal; or (b) 10 percent (good cause for eviction under paragraph j of subdivision 1 of section 216 of the Real Property Law): ___.
[1] Family members included under this reason are limited to the landlord’s spouse, domestic partner, child, stepchild, parent, stepparent, sibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The home must be the primary residence of the landlord or family member, meaning the home where they live most of the time.
[2] Fair Market Rent: The FMR is published annually by the United States Department of Housing and Urban Development (HUD), on or by October 1st, and the New York State Division of Housing and Community Renewal (DHCR) on or before August 1st of each year. The FMR percentage may also be established by jurisdictions that have opted-in for coverage under the law. Therefore, landlords should check all sources mentioned above each year for the most current FMR.
[3] For instance, Ithaca’s Good Cause Eviction Law defines “small landlord” as any person owning more than 1 rental unit and sets the FMR threshold at 345% instead of 245%.
