This spring New York’s Legislature continued a 5-year trend of adding layers of protection for tenants. With 2019’s elongation of special proceedings, and 2023’s affirmative claim to compel repairs, 2024’s Executive Budget ushered in the era of Good Cause Eviction.
Good cause means landlords cannot have no cause. The allowed causes are listed in the statute:
- Non‑payment of reasonable rent;
- Uncured lease violations;
- Tenant nuisance, negligence, damage, or disruption of other tenants;
- Tenant’s occupancy is unlawful and the landlord is liable;
- Tenant’s illegal purposes;
- Unreasonably denying access for repairs;
- Landlord wants the premises for personal/family use;
- Landlord intent to demolish premises;
- Landlord withdraws the premises from the housing market;
- Tenant refuses timely and reasonable rent increases;
The good cause requirement is most burdensome in standard non-renewal holdover cases because most factors will fail. By contrast, objectionable holdover cases may present many factors at once. Unpaid rent remains unpaid rent, placing this at the top of the list.
While having good cause is straightforward enough, noticing good cause is where the burden lies. The statutorily prescribed notice must be given with new leases, renewal leases, rent increases, predicate notices, and eviction petitions. The impact on landlords will resonate administratively, budgetarily, and judicially.
Geographically, only New York City landlords must have good cause. But all New York State landlords must give the good cause eviction law notice. Even exempt landlords must give the notice and state that an exemption applies. Small landlords, owner-occupied units, employment-related leases, low-income housing, co-ops and condominiums, seasonal dwellings, hospitals, and others are among the landlords exempt from having good cause. Yet each must give the statutorily prescribed notice upon the specified event.
In a span of five years, the Legislature has twice seismically expanded tenant due process rights. Like many added administrative burdens, the cost of doing business rises. This adds pressure on all sides of an already overextended statewide housing market.
Written by John Nichols and Neil Smith