What You Should Know About the Good Cause Eviction Statute in New York
A new rule that protects some renters against exorbitant rent hikes and mandates that a landlord have a valid reason before evicting a tenant entered into effect on April 20, 2024.
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Whom is protected by the new law?
The new law applies to you if:
You don’t reside in a cooperative or condo complex.
Your building wasn’t significantly renovated after 2009 and wasn’t constructed before 2009.
You reside in a building that has at least eleven flats.
Your landlord would need to possess another building or buildings in order to provide coverage if you live in a building with ten or fewer units.
The person who owns your building is not your landlord.
Less than 245% of the Fair Market Rate is what you pay in rent:
$5,846 in the studio
$6,005 for one bedroom
$6,742 for two bedrooms
$8,413 for 3 BR
$4 BR: $9,065
As per your job contract, you are not allowed to dwell in your flat.
No carryover case that was initiated before to April 20, 2024 exists against you.
Do other people have the same safeguards as me?
Indeed. The protections outlined in this new statute are already available to many renters in New York City. If you live in an inexpensive, federally subsidized, rent-regulated, or NYCHA complex, your landlord may only fire you for cause and you have restrictions on how much your rent can go up. You are not covered by this new law since you are already protected.
Do small landlords fall within the new law’s purview?
No. Small landlords are not protected by the law. Any landlord who owns ten or less residential properties is considered a tiny landlord. An apartment or a single-family home is considered a unit or dwelling.
You are not insured if your landlord resides in your building and there are ten units or less.
What are your new rights?
There haven’t been many rent hikes.
Rent hikes in the future may range from 5% to 10%, depending on a formula that accounts for inflation. We refer to this as the fair rent rise. The appropriate rent increase for each year must be published by August by the state housing agency. We estimate the figure to be 8.2% this year.
The new increase regulations were operative on April 20, 2024. Tell your landlord about the new rule if you are offered a new lease after April 20th that is more than 8.2%.
Landlords are allowed to raise rent over what is considered a reasonable increase, but they must give a justification that includes citing cost increases or significant maintenance that they have performed on the building or unit.
It is a defense in a case of nonpayment of rent that your rent was set higher than the fair rent rise if your landlord raises your rent above the normal amount.
To remove you, landlords must provide “good cause”.
Tenants who did not comply with the law might be terminated at the conclusion of their lease. Many residents are month-to-month renters without contracts. If a month-to-month tenant’s landlord sent them with a notice to vacate, they may be subject to eviction. Evictions did not require a justification from landlords. Rent-paying tenants who complied with the guidelines were forcibly removed without cause.
Now, if the legislation applies to you, you may be removed for any of the following reasons:
Not paying your rent
Breaking a significant provision of your lease by:
running a company out of your residence
altering your residence without authorization
using appliances that are against the terms of your lease, such washing machines
not allowing your landlord to exhibit your flat for sale or rental purposes, or to make reasonable repairs in your apartment.
Selling drugs is an unlawful activity and a nuisance.
continual sounds coming from the unit
aggressive conduct
accumulating too much stuff in your residence that it becomes dangerous
Regularly being late with your rent payments
restricted activities by landlords:
Owner-use (personal or family use of the landlord)
Tenant withdrawing from the rental agreement
the entire structure being demolished
Neglecting to sign a new lease
Will I be informed if I’m covered by these news protections?
Indeed. You can find out if you are protected by this law by asking your landlord for information. Your leases as well as any court documents or notices must contain these notices.
Your landlord must disclose to you the addresses of the other properties he owns if he claims that you are not protected by this legislation because he is a small landlord. In the event that your landlord is an LLC or a corporation, they are required to provide you with a list of the other buildings they possess as well as the identities of the individuals who control the LLC or company. Your landlord will lose in court if he disregards the new notification requirements.
Note
This publication contains information that The Legal Aid Society has provided for informative purposes only; it is not legal advice. Receiving this material does not establish an attorney-client relationship, nor is it intended to do so. Nothing you do should be done without first consulting a qualified attorney.