What is the new Good Cause Eviction Law?

NYC tenants who are not already protected by rent regulations may have new protections from large rent increases or evictions without good cause under the new Good Cause Eviction Law that is effective as of April 20, 2024.

What apartments are covered?

Apartments that are currently unregulated and that were built before 2009 are covered by this law with the following exceptions:

• Units with high rents, i.e. renting for more than 245% of the FMR (Fair Market Rent) for the unit size; this threshold is currently $6,004 for a 1 bedroom apartment.
• Units owned by a small landlord (defined as a landlord who does not own more than 10 units in New York State – if more than one person owns your building, any one person cannot own more than 10 units in New York State)
• Units in a building of no more than 10 units where the owner lives in the building
• Units in a cooperative or condominium
• Unit that must be affordable to tenants as a specific income level pursuant to law, restrictive declaration or regulatory agreement
• Units where possession or occupancy is only incident to employment and that employment has lawfully ended
• Units that are sublet where the sublessor seeks to recover the unit for their own personal use
• Units in hospitals, dormitories, hotels or religious facilities

Protection from excessive rent increases

Units covered by the law cannot have the rent increased by more than 8.82% in 2024 without the landlord needing to prove in court that the increase is reasonable. This amount will be adjusted each year and is calculated by taking the lower of 10% or 5% plus the consumer price index. The New York State Division of Housing & Community Renewal will publish this information each year.

Right to remain in unit unless landlord proves there is Good Cause

Tenants covered by Good Cause cannot be evicted unless the landlord proves in court that there is “good cause.” Good cause includes:

• The failure to pay rent
• Violating a substantial term of their lease that is not corrected within 10 days after being given a notice to cure
• Engaging in nuisance conduct
• Illegal use of the unit
• Tenant’s unreasonable refusal of landlord access to the unit
• Owner intends to make the apartment the primary residence of themselves or other close family members
• The owner intends to withdraw the unit from the housing market
• The owner intends to demolish the unit
• Failure to agree to reasonable changes in the lease at renewal

Notice Requirements:

Starting in August 2024, landlords must provide tenants with a notice at the time of their first lease, at lease renewal or before taking a tenant to court that states if the unit is covered by the law and that explains any exemption, any claimed basis for a rent increase larger than permitted and/or any claimed reason for not renewing the lease.

Resources:

• Housing Justice for All fact sheet on the Good Cause Eviction Law
• MetCouncil on Housing fact sheet on the Good Cause Eviction Law

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.