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New York State’s Good Cause Eviction Law

On April 20, 2024, New York State’s “Good Cause Eviction” law took effect after being passed as part of the State Budget. This law applies to New York City only, however, it gives cities, town and villages throughout the state the power to opt-in to the state law via their local legislative bodies.

 Overview of Good Cause Eviction Law

The version of good cause eviction that is now law differs substantially from the original legislation that was introduced in 2019. The original legislation would have applied statewide and did not provide the opportunity for localities to opt-out.

The new good cause eviction law prohibits the eviction or removal of tenants from all housing accommodations without good cause, but exempts the following housing accommodations:

  • Premises owned by a “small landlord” (Small landlords are defined as any owner of no more than 10 units in the state.)
  • Owner occupied housing with no more than 10 units
  • Units that are sublet, or being used for employment purposes
  • Rent-regulated units & affordable housing units
  • Condominium or cooperative units
  • Units with a certificate of occupancy issued after 1/1/2009, for up to 30 years after the issuance of the certificate
  • Seasonal use dwelling units
  • Certain units used for health care purposes (hospital, assisted living, etc.)
  • Manufactured homes, hotels, dormitories, religious facilities and institutions
  • Units with a monthly rent greater than 245% of the fair market rent, as determined by the US Department of Housing and Urban Development (HUD)

The following are grounds for removal of tenants under the good cause eviction law:

  • The tenant has failed to pay rent unless the rent that is owed is a result of an “unreasonable” rent increase. Unreasonable is defined as the lower of 5% plus the regional Consumer Price Index, or 10% annually.
  • The tenant has violated a substantial obligation of their tenancy
  • The tenant is permitting or committing a nuisance
  • The tenant’s occupation of the housing accommodation is a violation of law which subjects the landlord to civil or criminal penalties
  • The tenant is using the accommodation illegally
  • The tenant has refused access to the landlord for necessary repairs
  • The landlord seeks to recover the unit for personal or familial use
  • The landlord, in good faith, seeks to demolish the housing accommodation
  • The landlord, in good faith, seeks to withdraw the unit from the rental market
  • The tenant fails to agree to reasonable changes to a lease at renewal

Localities that opt-in to the good cause eviction law may modify:

  • The fair market rent threshold (units with monthly rents above the fair market rent would be exempt); and
  • The definition of “small landlord”. For instance, the City of Albany opted-in to good cause eviction and lowered the threshold for exemptions from ten units to one unit.

Landlords renting units subject to the good cause eviction law are required to attach a specific notice to any initial lease, lease renewal or other notice required by the state’s landlord-tenant laws, indicating that the unit is subject to the good cause eviction law.

The good cause eviction law is scheduled to expire on June 15, 2034.

The full good cause eviction law can be found here (Part HH, pages 108-122)

 Localities that have opted into the good cause eviction law

  • Albany (City) – adopted in June 2024
  • Kingston (City) – adopted in July 2024
  • Ithaca (City) – adopted July 2024
  • Poughkeepsie (City) – adopted July 2024
  • Beacon (City) – adopted August 2024
  • Newburgh (City) – adopted September 2024
  • Nyack (Village) – adopted September 2024
  • Hudson (City) – adopted October 2024
  • New Paltz (Village) – adopted October 2024
  • Rochester (City) – adopted December 2024
  • Croton-on-Hudson (Village) – adopted January 2025