Good Cause Eviction Protections in New York State: A Guide
As New York City continues to recover from the economic ramifications of Covid-19, the effects on housing have left many would-be tenants stranded. Whether it be a shifting population, remote work, emboldened landlords, amongst other reasons, rent prices have skyrocketed far above pre-pandemic levels.
The resulting hardship has not only hit want-to-be buyers, but has also put existing tenants into a tough position. In response to concerns regarding these price increases, many activists in New York began to mobilize to fight for “Good Cause Eviction Protections,” to make matters fairer in the intense climate that is the New York real estate rental market.
With that being said, in April, New York State lawmakers passed new protections into law. The terms include (1) restricting evictions without valid reasoning, (2) guaranteed renewals for leases or being able to stay in one’s residence without a lease month to month, (3) the right to challenge rent increases that are either greater than 10% or 5% greater than the Consumer Price Index (whichever is lower), and (4) limiting landlords to one rent increase per year. All of these stipulations have been created in the pursuit of the philosophy of a “right to remain.”
Evictions that do qualify as good cause are: non-payment of fair rent, violation of tenancy agreement, nuisance, malicious damage to the structure, occupancy violates the law, illegal use of the premises, unreasonable refusal of access for important repairs, demolition, failure to agree to reasonable lease changes, withdrawal from rental housing market, and owner occupancy as a principal residence.
Furthermore, these protections do not apply to units with a monthly rent that is greater than 245% of the fair market rent, units held by small landlords who own 10 units or less in New York, owner-occupied buildings with 10 or less units, units already under rent regulation by a government agency, public/Section 8 housing, co-op’s/condominiums, amongst others. Jurisdictions outside New York City may opt-in if they so choose.
These protections have and certainly will continue to significantly impact the New York housing market, affecting over 1.6 million households. With that being said, the experienced team at the Law Office of Marc Scolnick, P.C. is ready and able to advise you through these complex issues. Do not hesitate to call us at (718) 554-6445 to schedule a FREE consultation.
Sources:
https://www.thecity.nyc/2020/10/08/manhattan-exodus-rent-new-york-pandemic-tenants/
https://housingjusticeforall.org/kyr-good-cause/
https://housingjusticeforall.org/our-platform/good-cause/
https://www.cssny.org/news/entry/good-cause-eviction-resources-information
This blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this post in any way seems to contradict the advice of counsel, counsel’s opinion should control over anything written herein. No attorney-client relationship is implied by this blog.