Good Cause Eviction

Good Cause Eviction is a New York State law that went into effect on April 20, 2024. It gives some tenants of unregulated (also known as “market rate”) homes in New York City new protections. Landlords of homes covered by the new Good Cause Eviction requirements cannot end a tenancy without a “good cause” reason and tenants can use this law as a defense in Housing Court. Tenants can also use the law to challenge rent increases above a certain level if they are evicted for nonpayment of rent. The law applies to eviction cases started on or after April 20, 2024, meaning cases where the landlord first filed documents in court to begin the case on or after this date.

Good Cause Eviction is enforced through the courts, so tenants who wish to challenge an end to their tenancy, or who have questions about a rent increase, should refer to additional resources listed below and seek legal counsel.

Ending a tenancy includes evicting tenants, not renewing a lease, or, if the tenant does not have a lease, giving notice that the tenancy will end. A tenant does not need to have a written lease to be protected by the Good Cause Eviction law, if their home is covered by the law (see the What types of homes are not covered by the Good Cause Eviction law? section for more information). In homes covered by the law, landlords will need to provide a good cause reason for taking one of these actions.

Under the Good Cause Eviction law, landlords are allowed to evict tenants for the following “good cause” reasons:

• Tenant has not paid rent, unless the nonpayment is because of an unreasonable rent increase (see the What is an “unreasonable rent increase”? section for more information)
• Tenant has violated “a substantial obligation of their tenancy” or breached “any of the landlord's rules and regulations governing said premises” (broken terms of their lease or other rules set by the landlord)
• Tenant has committed or allowed a nuisance in the home or on the property (a nuisance is ongoing behavior that interferes with the health, safety, and comfort of other tenants), damaged the home or property, or interfered with the comfort and safety of the landlord or other tenants
• The home cannot be occupied because a vacate order has been issued by a state or city agency
  • If you or anyone you know is in need of emergency housing following a vacate order, please reach out to HPD by calling 311 or (212) 863-7660
• Tenant is using the home or property for illegal activity or is allowing someone else to do so
• Tenant has unreasonably refused the landlord access to the home in to make repairs or show to a prospective buyer
• Landlord or landlord’s family member plans to move into the home (not applicable if the home is occupied by a tenant who is 65+ years old or has a disability)*
  • Specifically, family members who are included under this reason are the landlord’s spouse, domestic partner, child, stepchild, parent, step-parent, sibling, grandparent, grandchild, parent-in-law, or sibling-in-law
  • The home must be the primary residence of the landlord or family member, meaning the home where they live most of the time
• Landlord plans to demolish the home *
• Landlord plans to take the home off the market*
• Tenant fails to agree to reasonable changes to lease, if written notice is provided 30-90 days before expiration of current lease

*If a landlord is claiming one of the starred reasons for eviction, they must present “clear and compelling evidence” in court that shows the action they plan to take.

The Good Cause Eviction law establishes a “local rent standard,” which is the amount of rent increase considered reasonable in a given year based on inflation in the local area. The local rent standard is set every year at the rate of inflation plus 5%, with a maximum of 10% total. A rent increase is considered unreasonable under Good Cause Eviction if the rent increase is higher than the local rent standard.

• For example, if the inflation rate for the New York City area were 3%, the local rent standard would be 8% (5% + inflation).
  • If a covered tenant’s rent were $1,000 in this situation, an increase of more than 8%, or $80, would be above the local rent standard.
• If, however, the local inflation rate were 6%, the local rent standard would be 10% since the maximum local rent standard under the law is 10%.
  • If a covered tenant’s rent were $1,000 in this situation, an increase of more than 10%, or $100, would be above the local rent standard.

As of May 1, 2024, the rate of inflation for the New York City area is 3.82%, meaning that the current local rent standard is 8.82%. Therefore, a rent increase of more than 8.82% could be found unreasonable by the court if the rent was increased after April 20, 2024.

However, in an eviction case the court will have the final decision on whether a rent increase is unreasonable. Landlords may provide reasons for a higher rent increase for the court to consider, such as significant repairs or increased property taxes.

Using the current local rent standard of 8.82%, multiply current rent x 1.0882 to see the maximum reasonable rent increase on a home that is covered by Good Cause Eviction.

For example, if current rent is $2,000: $2,000 x 1.0882 = $2,176.40

In this situation, if the home were covered by Good Cause Eviction, increasing the rent to more than $2,176.40 could be found unreasonable in court.

Tenants and landlords should be aware of the definition of an unreasonable rent increase when a lease is up for renewal or any time they are negotiating a rent increase. It may be helpful to begin by discussing whether or not Good Cause Eviction applies to your home. Starting August 18, 2024, landlords must provide notice to tenants when offering a rent increase of more than 5% to inform the tenants if Good Cause Eviction applies to them. See the What are the requirements for landlords? section for more information.

Some homes are not covered by the protections under the Good Cause Eviction law. Below are the types of homes where Good Cause Eviction does not apply:.

• Homes owned by a small landlord, meaning someone who owns 10 units or fewer (apartments or single-family homes) total in New York State
  • Some buildings are owned by a company, like an LLC, which can include multiple owners. In this case, each individual person who is an owner of the company must own 10 or fewer units total in the state for the company to be exempt from Good Cause Eviction. This includes all the units in any building where the individual is a full or partial owner.
  • If a landlord files an eviction against a tenant and claims Good Cause Eviction does not apply to them because they are a small landlord, the landlord must provide the tenant with a list of all of the homes they own in New York State. The landlord’s “primary residence,” the place where they live, is not included in the list.
• Buildings with 10 or fewer apartments total if the owner lives in the building, even if the owner owns more units
• If a tenant sublets their apartment and wants to return to live in the home
• If the home was provided to the tenant as part of their job, but the tenant is being terminated from or leaving that job
• Homes where rents and/or evictions are already regulated by federal, state, or local law (for example, an apartment that is rent stabilized or rent controlled)
• Homes which are regulated by federal, state or local government entities and which include rent or income restrictions (for example, homes in NYCHA public housing, homes with Project-Based Section 8 Vouchers, or homes that were rented through HPD Housing Connect)
• Homes in condo and co-op buildings
• Homes built on or after January 1, 2009
  • For these homes, Good Cause Eviction will apply starting 30 years after the home was built, specifically 30 years after the date when the temporary or permanent certificate of occupancy was issued (for example, if a home was built in 2010, Good Cause Eviction will apply starting in 2040)
• Homes that qualify as seasonal use
• Homes in a hospital, continuing care retirement community, assisted living residence, adult care facility, senior residential community that is a condo or co-op, or nonprofit independent retirement community that offers certain services to residents
• Manufactured or mobile homes
• Hotel rooms
• Dormitories owned and operated by a higher education institution or a K-12 school
• Homes within and used by religious facilities or institutions
• Homes that rent for greater than 245% of the Fair Market Rent.
  • Fair Market Rent is determined each year by the U.S. Department of Housing and Urban Development.
  • In 2024 in New York City, this means homes that rent for more than the following amounts based on their size:
    • Studio: $5,486
    • One-bedroom: $6,005
    • Two-bedroom: $6,742
    • Three-bedroom: $8,413
    • Four-bedroom: $9,065

Starting on August 18, 2024, landlords will have to provide a notice of Good Cause Eviction applicability or inapplicability to their tenants when they take certain actions, including:

• Offering a new lease or renewing an existing one
• Notifying a tenant that their lease will not be renewed, or their tenancy is otherwise ending
  • Depending how long the tenant has lived in the home, the landlord is required to give 30, 60, or 90 days’ notice that they will not renew the lease or otherwise end the tenancy. Read more about this requirement here.
• Increasing a tenant’s rent by more than 5%
  • Depending how long the tenant has lived in the home, the landlord is required to give 30, 60, or 90 days’ notice that they will increase the rent by more than 5%. Read more about this requirement here.
• Sending a 14-day rent demand for past-due rent. See here for resources helpful to landlords and tenants navigating past-due rent.
• Filing an eviction case in court (notice must be attached to a petition, which is the court document filed by the landlord that includes information about the reason for the eviction)

The notice must include the following information:

• Whether the tenant’s home is covered by Good Cause Eviction
• If the home is not covered by Good Cause Eviction, the reason that it does not apply
• If the home is covered and the landlord is filing an eviction, not renewing a lease, or otherwise ending the tenancy, the Good Cause reason that applies
• If the home is covered and the landlord is raising the rent by more than the local rent standard (the “unreasonable rent increase” amount), the reason for the rent increase

If a landlord files an eviction without including the proper notices, the case should be dismissed or discontinued and the landlord would have to start the case over with correct notices.

If you have other questions about Good Cause Eviction, these additional resources may be helpful:

• Call 311 and ask for the Tenant Helpline. Specialists at the helpline can give you information specific to your situation and may be able to refer you to a legal service provider for further advice.
• New York State Homes and Community Renewal will publish the rate of inflation and the rent amounts that are 245% of Fair Market Rent every year before August 1.
• The NYC Department of Social Services Office of Civil Justice may be able to help connect you with legal assistance if you have a case in Housing Court. Visit their website at https://www.nyc.gov/site/hra/help/legal-services-for-tenants.page or email civiljustice@hra.nyc.gov for more information.
• Call Housing Court Answers at 718-557-1379 or 212-962-4795 from Monday - Friday, between 9am and 5pm, or visit housingcourtanswers.org