New York State Good Cause Eviction Law

If you are a renter in New York City, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Rochester, Fishkill, Catskill, Croton-on-Hudson, or Binghamton you may be protected by the Good Cause Eviction Law, which went into effect on April 20, 2024. Under this law, most landlords cannot evict their tenants or refuse to renew their leases just because their lease has expired.  

Landlords must now have good cause to evict you. There are still some instances when a landlord can refuse to renew a lease or bring a tenant to court because their lease has expired. However, these instances are now limited.  

The law also limits the amount your landlord can increase your rent when you renew your lease. The law does not affect tenants in rent-regulated apartments, who are already protected from eviction without cause. 

Does the law apply to me?

The Good Cause Eviction Law (Real Property Law article 6A) currently covers housing accommodations in NYC, Albany, Ithaca, Kingston, Poughkeepsie, Rochester, Beacon, Newburgh, Nyack, Hudson, New Paltz, Rochester, Fishkill, Catskill, Croton-on-Hudson, and Binghamton. Other localities can decide to opt in to the protections. 

If you are a tenant in one of the cities or villages, you are protected by the Good Cause Eviction Law UNLESS: 

• Your landlord is a small landlord (as defined below)
• Your building is owner occupied and has 10 or fewer residential units (or 4 units in Albany)
• You are a subletter
• Your apartment:
  • is considered to have a high rent
  • is rent regulated
  • is an income-restricted housing unit
  • is owned as a condominium or cooperative
  • is in a building that was issued a certificate of occupancy on or after January 1, 2009
  • was provided as employee housing, but you no longer have that job
  • is in a hospital, continuing-care retirement community, assisted living residence, adult care facility, senior residential community, or not-for-profit independent retirement community
  • is a manufactured home, school dormitory, or seasonal-use dwelling
  • is used by a religious institution  

What “good cause” must my landlord show to evict me?

If you live in a home that is covered by the law and your landlord tries to evict you on or after April 20, 2024 (including starting an eviction case on or after that date), your landlord must prove one of the following to evict you:

Is my landlord a “small landlord” who is not covered by the law?

The definition of small landlord depends on where you live.  

For New York City, a small landlord is a landlord who owns a total of 10 or fewer housing units in the state of New York. However, other localities may define the term differently. For instance, in Albany the definition of a small landlord only applies when the landlord lives in the premises and the premises have fewer than four units. Please check with your locality to see if they have opted into the Good Cause Eviction Law and how they have decided to define a small landlord that is exempt from the law.   

Your landlord cannot hide behind a corporate or limited liability company (LLC) to avoid you being protected by the law. If any natural person with a direct or indirect ownership interest in your landlord’s LLC owns more than 10 units, the LLC or other business entity is not a small landlord and you are protected by the law. The best course is to research who is behind any corporate owner to see whether they own any other real estate.  

Any landlord claiming to be a small landlord must provide the names of all natural persons with direct or indirect ownership interest in the LLC. This includes investors, silent partners, managers, and members. If any one person associated with the LLC own more than 10 units, the LLC is not a small landlord and you are protected by the good cause eviction law. 

If your landlord cannot provide the names of all natural persons with a direct or indirect ownership interest in their LLC, your landlord is not a small landlord. You can use tools like https://www.justfix.org/en/ to discover the people behind a corporate owner. 

Keep in mind that it is common for a person or group of people to own multiple buildings and apartments under different LLC names. In addition, investment funds with multiple investors sometimes own buildings.

Discovery

If you are sued in court by a small landlord and suspect they are hiding ownership of other units, you can ask the court for discovery. Discovery allows you to ask for documents about the ownership of the property. The court should order the landlord to provide all corporate documents that show ownership back to a natural person. The court should also order each of these people to provide all corporate documents for other corporations that own residential property.

What is “high rent?”

Units with high rent are not subject to the Good Cause Eviction Law. An apartment qualifies as high rent if the monthly rent is greater than the rates published each year by the New York State Division of Housing and Community Renewal.

What is an unreasonable rent increase?

If your landlord increases your rent, and you don’t agree it is reasonable according to the law, a court will have to decide whether the increase is reasonable.   

Generally, in an apartment covered by the law, a rent increase is unreasonable if it is greater than five percent of the last rent plus the annual change in the consumer price index. The maximum reasonable rent increase is capped at 10 percent of the last rent. A rent increase that is the same as or less than the local rent standard is considered reasonable. To find your local rent standard, go to the current year Good Cause Eviction Law Notice.

The landlord also has a chance to explain to the court why a greater increase is necessary. 

The court will consider the following factors: 

• The court must consider the amount of property taxes the landlord pays and whether taxes have increased. 
• The court can consider a landlord’s expenses, such as fuel, maintenance, and insurance. 
• The court can consider the cost to make significant repairs to the apartment or building, unless the repairs were caused by the landlord’s failure to adequately maintain the building. Significant repairs are those required to fix major systems, such as structural, electrical, and plumbing. They do not include cosmetic work, like decoration or minor repairs. 

What if I moved out and learn that my landlord lied?

If you are required to move out because your landlord said they would occupy or demolish your apartment or take it off the rental market, but you later learn that they did not actually do so, you can sue them for money damages and other relief. You can also get attorney’s fees for bringing your lawsuit if you win or settle. Consult an attorney about how to do this.

What information must my landlord give me?

Starting on August 18, 2024, the Good Cause Eviction Law requires every landlord covered by the law to include language in every lease, renewal lease, and legal notice sent to tenants. This language tells you whether your apartment is covered by the Good Cause Eviction Law. If is not covered, the language must explain why.  

In addition, for apartments covered by the Good Cause Eviction Law, there are strict notification requirements for:  

• if your landlord offers a renewal lease with a rent increase  
• if your landlord refuses to renew your lease