🗽 New York Good Cause Eviction Law
What the 2024 Good Cause Eviction Law Means for NY Landlords — Coverage, Exemptions, Permissible Grounds & Rent Increase Limits
⚖️ Updated • New York Landlord Guide
📑 Table of Contents
📋 Overview of New York’s Good Cause Eviction Law
New York’s Good Cause Eviction Law, enacted in April 2024 as part of the state budget, extends significant tenant protections to a broad category of market-rate residential tenants statewide — not just those in rent-stabilized housing. For the first time, many tenants in New York can only be evicted for specified “good cause” reasons, and rent increases can only exceed a statutory threshold with landlord justification. This is one of the most significant changes to New York landlord-tenant law in decades and requires immediate attention from every New York landlord in . 🗽
Watch Overview
⚠️ This Law Applies to You — Unless You Qualify for an Exemption
Do not assume your property is exempt without carefully checking the exemption criteria. Many landlords assumed they were exempt from prior local good cause laws only to find themselves subject to them. Read the exemption criteria carefully and consult an attorney if you’re uncertain.
🏠 What Units Are Covered?
New York’s Good Cause Eviction Law covers most market-rate residential rental units in New York State that are not otherwise subject to rent regulation (rent stabilization, rent control). Specifically, coverage applies to:
- 🏢 Most market-rate rental apartments not in rent-stabilized buildings
- 🏠 Single-family homes rented to tenants (subject to significant exemptions — see below)
- 🏘️ Condominiums rented to tenants
- 🌆 Properties in both NYC and localities outside NYC that have opted in to the law
🚫 Key Exemptions — Units NOT Covered
✅ Units Exempt From the Law
- Units in owner-occupied 1–4 family buildings (landlord lives in the building)
- Units in buildings with 10 or fewer units where the owner is a natural person (individual, not LLC) — depending on locality opt-in
- Units already subject to rent stabilization or rent control
- Subsidized housing units (NYCHA, Section 8 project-based, etc.) that have their own eviction rules
- Co-ops
- Seasonal use units
- Units occupied fewer than 6 months per year as primary residence
⚠️ Exemptions Require Documentation
- Small landlord exemption (individual owner, ≤10 units) must be claimed in proper eviction notice
- Owner-occupancy exemption: you must actually live in the building
- Keep records confirming your exempt status
- LLC ownership does NOT qualify for small landlord individual owner exemption in most interpretations
⚖️ Permissible Eviction Grounds Under Good Cause
For covered units, a landlord may only commence eviction proceedings for the following “good cause” reasons:
| Ground | Requirements |
|---|---|
| Nonpayment of rent | Tenant failed to pay rent; rent increase was not “unreasonable” |
| Lease violation | Material breach of lease terms after opportunity to cure |
| Nuisance / illegal use | Tenant creating nuisance or using unit for illegal purposes |
| Owner occupancy | Owner or immediate family needs to move in; significant restrictions apply |
| Demolition | Owner intends to demolish the building |
| Substantial rehabilitation | Major renovations requiring vacancy; highly regulated process |
| Withdrawal from market | Owner removing unit from rental market |
| Lease expiration (with limits) | Non-renewal after lease term — but only if the increase offered would not be “unreasonable” |
💰 Rent Increase Limits Under Good Cause
The Good Cause law limits “unreasonable” rent increases, which it defines as increases exceeding the lower of: 5% plus local CPI or 10% total. Increases above this threshold are presumptively unreasonable, meaning the landlord must affirmatively justify them. Factors courts consider in evaluating “unreasonable”:
- 📊 Whether the increase exceeds the 5%+CPI / 10% threshold
- 💰 Whether the landlord can demonstrate increased operating costs or capital improvements
- 📋 The tenant’s ability to pay
- 🏠 Comparable market rents for similar units
💡 What This Means in Practice
You are not prohibited from increasing rent above the threshold — but you must be prepared to justify the increase in court if the tenant contests it as part of an eviction defense. Keep documentation of your cost basis: property taxes, insurance, utilities, capital improvements, and comparable market rents.
📬 Notice Requirements Under Good Cause
For covered units, Good Cause requires specific notices:
- 📋 Pre-Petition Notice — Before filing an eviction, landlords must serve a “Good Cause” pre-petition notice identifying the legal basis for the eviction and the specific good cause ground
- 📬 Non-Renewal Notice — At least 90 days advance notice of non-renewal; must identify the good cause ground for not offering renewal
- 💰 Rent Increase Notice — Advance notice of any rent increase with timing per existing law
✅ How to Stay Compliant as a New York Landlord
- 📋 Determine whether your properties are covered or exempt — consult an attorney if uncertain
- 📄 Update your lease to include required Good Cause disclosures and notices
- 💰 Document your cost basis for rent increases — property tax bills, insurance, repairs, capital improvements
- 📊 Research CPI and calculate the 5%+CPI threshold before setting annual increases
- 📬 Update your eviction notice templates to include Good Cause language
- 👨⚖️ Work with a New York landlord-tenant attorney for any eviction in a covered unit
🛡️ Protect Your NY Investment With Better Tenant Selection
In a Good Cause state, problem tenants are harder to remove. Thorough upfront screening is even more critical in New York than in most other states. Screen every applicant completely.
❓ Frequently Asked Questions
Potentially — the single-family home owner-occupancy exemption only applies if you live in the building (in a multi-family), not simply because you own one rental home. A single-family rental home owned by an individual (not LLC) in a jurisdiction that has not opted in may qualify for the small landlord exemption. Consult a New York attorney to confirm your specific situation.
Individual landlords cannot opt out — if your property is covered, the law applies. The law allows municipalities outside NYC to opt in — it doesn’t allow individual landlords to opt out of otherwise applicable requirements. Consult an attorney about whether your property qualifies for any of the statutory exemptions.
A tenant in a covered unit can raise the Good Cause law as a defense in the eviction proceeding. The court may dismiss the eviction if you cannot demonstrate a permissible good cause ground. The tenant may also be entitled to attorney fees in some circumstances. Always verify your legal grounds and notice requirements before filing any eviction in a covered unit.
⚠️ Legal Disclaimer: New York’s Good Cause Eviction Law is recent and complex; its interpretation is still developing through litigation. This guide provides general information as of and is NOT legal advice. Consult a licensed New York attorney for guidance on your specific properties and situations.
Last Updated: | © TenantScreeningBackgroundCheck.com
