New York’s 'Good Cause' Eviction Law

New York’s Good Cause Eviction Law took effect in April 2024 and significantly changed

the legal landscape for residential landlords and tenants across the state. The law

places new limits on when a landlord may remove a tenant, establishes notice and

lease renewal requirements, and restricts rent increases for many market rate

apartments in New York City and in other municipalities that choose to opt into the law.

Although the legislation includes a number of exemptions, the overall reach of the

statute remains broad and requires careful compliance by property owners.

Overview of the Law

On April 20, 2024, New York enacted the Good Cause Eviction Law, which applies to

most market rate apartments in New York City and may also apply in other villages,

towns, or cities that adopt the statute. The law governs new leases and renewal leases

unless a specific exemption applies.

The statute substantially changes the relationship between landlords and tenants by

limiting the grounds for eviction, requiring lease renewals in many circumstances, and

establishing limits on rent increases.

Evictions Limited to “Good Cause”

Under the law, a landlord may not remove a tenant from a residential unit unless “good

cause” exists. The statute identifies several circumstances that qualify as good cause,

including:

• Nonpayment of rent, unless the rent demanded is deemed unreasonable

• Violation of a substantial obligation of the tenancy

• Nuisance

• Malicious or grossly negligent damage to the premises or building

• Illegal occupancy where a lawful order to vacate has been issued, unless the condition

was caused by the landlord

• Illegal use of the premises

• Unreasonable refusal to provide access for necessary repairs

• Owner occupancy of the unit as a primary residence

• Demolition of the building

• Withdrawal of the property from the rental housing market

• Refusal to agree to reasonable changes in lease terms

Required Notices and Non Renewal Procedures

The law also imposes new notice requirements for non renewal of a tenancy. Landlords

must notify tenants of the intent not to renew a lease and state the lawful basis for that

decision.

Where a tenant has a one year lease or has occupied the apartment for more than one

year but less than two years, the landlord must provide at least 60 days’ notice. Where

a tenant has occupied the unit for two years or more, or where the lease term exceeds

two years, 90 days’ notice is required.

In addition, the statute requires that all leases, renewal leases, notices, and court

petitions include a specific “Good Cause Eviction Law Notice.” If a unit is exempt from

the law, the notice must state the applicable exemption.

Limitations on Rent Increases

The law also creates a presumption that a rent increase is unreasonable if it exceeds

either the applicable inflation index or 10 percent, whichever is lower.

For New York City, the inflation index is calculated as five percent plus the annual

percentage change in the Consumer Price Index for all urban consumers in the New

York Newark Jersey City metropolitan area.

However, the presumption of unreasonableness may be rebutted in court. In

determining whether an increase is reasonable, courts may consider factors such as

increases in property taxes, fuel, utilities, insurance, and maintenance costs. Courts

may also consider expenses associated with significant repairs or capital improvements,

such as structural, electrical, plumbing, or mechanical system replacements, or the

abatement of hazardous materials including lead paint, mold, or asbestos.

Cosmetic improvements such as painting or decorating are not considered significant

repairs under the statute.

Where a rent increase is determined to be unreasonable, a tenant’s refusal to pay that

increase cannot serve as a basis for eviction.

Exempt Housing

Although the Good Cause Eviction Law applies broadly, several categories of housing

are exempt. Key exemptions include:

• Units where the monthly rent exceeds 245 percent of the applicable fair market rent as

published annually by the United States Department of Housing and Urban

Development

• Units owned by small landlords who own ten or fewer units in New York State

• Owner occupied buildings containing ten or fewer units

• Apartments already subject to rent regulation under local, state, or federal law

• Units subject to affordability restrictions under regulatory agreements or government

programs

• Condominium or cooperative units

• Buildings that received a temporary or permanent certificate of occupancy after

January 1, 2009, for a period of thirty years following issuance

The law also does not apply to certain types of housing arrangements, including

sublets, housing provided incident to employment, seasonal use units, hospital housing,

manufactured homes, hotel rooms and other transient accommodations, dormitories,

and units within religious institutions.

Practical Impact

The Good Cause Eviction Law represents one of the most significant changes to New

York landlord tenant law in recent years. While exemptions limit its reach in certain

circumstances, the statute still applies to a large portion of the residential housing

market and introduces substantial new procedural and substantive requirements.

Property owners should review their leases, renewal procedures, notices, and rent

increase policies to ensure compliance.

How Azoulay Weiss, LLP Can Assist

Azoulay Weiss, LLP assists property owners and managers in navigating the

requirements of the Good Cause Eviction Law, including analyzing whether properties

qualify for statutory exemptions and ensuring that leases and notices comply with the

new requirements.

We also represent clients in litigation arising under the statute and in matters involving

government oversight. Enforcement agencies, including the Tenant Protection Unit of

the Division of Housing and Community Renewal and the Housing Protection Unit of the

New York Attorney General’s Office, are expected to closely monitor compliance.

Our firm is prepared to guide owners through these new regulations and to represent

their interests in court and before administrative agencies when necessary.