As of April 20, 2024 a new and major development for landlords, which had been introduced by the New York State Legislators (yes the very same folks who gave us the Housing Stability and Tenant Protection Act), was ultimately signed into law by the Governor…

The new laws known collectively as the “GOOD CAUSE” EVICTION LAW (GCE) alters the ability of many rental property owners to remove a free market or unregulated tenant without having to first prove or demonstrate any reason.

Up until this dramatic change, when a non-regulated or free market tenant’s lease had expired, a landlord was not required to allege or even have any reason to ask a tenant to move… the mere fact that the premises was not subject to any rent regulations or laws was sufficient.

Doing business responsibly

Now under the new Good Cause Eviction laws that same landlord, unless he or she falls under one of the specific exemptions from coverage, will have to allege and prove in court that the basis for non-renewal of the tenant’s lease or termination of tenancy is one of the “Good Cause” grounds enumerated under the statute.

Fortunately the new law applies only to certain residential rental properties and not to all and contains specifically noted exemptions from coverage which include but are not limited to the following:

*Housing accommodations owned by a “Small Landlord” which the statute defines as owners of fewer than ten (10) units in the State…but be aware if a principal has any ownership interest in different entities (eg: LLC or corporations or partnerships) that collectively together total ten (10) or more apartment units, that will defeat this exemption.

The real voyage of discovery consists not in seeking new landscapes, but in having new eyes. Keep your eyes on the stars and your feet on the ground.

Marcel Proust

*Buildings with fewer than ten (10) units where the landlord lives there as well.

*Any buildings for which a permanent or temporary certificate of occupancy was first issued on or after January 1, 2009 will be exempt for 30 years.

*Any rental units in a coop or condo owned building.

*Units already subject to rent and eviction regulations such as Rent Stabilization or Rent Control.

*Apartment units which are sublet where the sub-lessor seeks to recover the unit for their own use.

* Units occupied solely as an incident to the employment of the occupant.

If you have any questions as to whether your rental property falls under one of the various exemption categories, please call our office and ask to speak with one of our attorneys.

In the next issue of this NEWSLETTER we will discuss some of the various enumerated grounds where a landlord of an apartment unit which does fall under the Good Cause Eviction law can still brings an action to remove a tenant once the lease expires or when merely month to month…