New York’s “Good Cause Eviction” Law was enacted in April 2024 and was intended to protect tenants from evictions or non-renewals of their leases of unregulated rental housing. The law is codified in New York’s Real Property Law (RPL) and the most relevant portions are found at Article 6-A and between sections 231-c and 232-c of Article 7. Importantly, landlords must comply with the law’s notice and good cause requirements or risk losing the ability to evict a tenant.

Notice to Tenants

If at the end of a lease term, a landlord intends to replace the tenant currently occupying one of the landlord’s units, the landlord must notify the tenant, holdover or otherwise, that the landlord does not intend to renew the tenancy. The landlord must provide written notice as indicated in subdivision 2 of § 226-c. Under § 226-c, the landlord must give either 30 days’, 60 days’ or 90 days’ notice, depending on the cumulative amount of time the tenant has occupied the residence or the length of the tenancy in each lease, whichever is longer. For instance, § 226-c (2)(c) states that a tenant who has occupied the unit for more than one year but less than two years or has a lease term of at least one year but less than two years is entitled to at least 60 days’ notice of the termination.

Good Cause Requirement

The written notice must provide good cause for the eviction pursuant to RPL § 216. Acceptable good causes for eviction under the statute include non-payment of rent, the tenant’s nonrenewal of the lease due to a reasonable raise in the rent, or the landlord’s good faith desire to recover possession of the premises for the landlord’s own personal use and occupancy as a principal residence of the landlord or the landlord’s family or in-laws.

Eviction of Tenants

If the tenant does not leave the premises upon the date required pursuant to the notice of termination, a landlord may commence a summary holdover proceeding to evict the tenant. However, landlords must take care that they give the proper amount of notice to the tenant or their proceeding will be dismissed by the court as provided in Mohegan Vista Props. LP v Mazo, 76 Misc.3d 500 [NY.J.Ct. 2022].

Exceptions to the Law

The Good Cause Eviction Law applies to all residential premises, including any residential premises located within a mixed-use residential property. There are, however, exceptions. Any leaseholds owned by a “small landlord,” which means a “landlord of no more than (i) ten units in the state, or (ii) such other number of units in the state designated by local law” (RPL § 211 [3][a]), is exempt.

Expiration

The law will be automatically repealed after its statutory expiration date of June 15, 2034. However, other tenant protections may be enacted in its place.

The Good Cause Eviction Law can be difficult to navigate for both tenants and landlords alike. If you need assistance, please contact one of our attorneys to discuss how we can help you with your case.