The Complete Guide to New York's Good Cause Eviction Law (2024): Exemptions and Rent Caps

Step-by-Step Process: Understanding Good Cause in NY

For decades, market-rate tenants in New York could have their leases non-renewed for absolutely no reason. That changed dramatically with the passage of the 2024 Good Cause Eviction Law, codified under N.Y. Real Prop. Law § 210 et seq. This historic legislation ensures that landlords cannot arbitrarily kick out a compliant tenant just to drastically hike the rent for the next person. The law automatically took effect in New York City, while other municipalities-such as Albany and Ithaca-must formally pass a local opt-in law under N.Y. Real Prop. Law § 213 to adopt these protections. Defending your home involves navigating these complex regulations and local opt-in rules. You can browse our directory to find a highly qualified local attorney to defend your lease renewal rights.

Step 1: Receiving the Notice of Rent Increase or Non-Renewal

The process usually begins when your landlord sends a formal notice stating they are raising your rent significantly or simply refusing to renew your lease. Under N.Y. Real Prop. Law § 226-c, landlords must provide a 30, 60, or 90-day advance notice depending on how long you have lived in the unit. In New York City and in opt-in municipalities, this notice must also include the mandatory Good Cause Eviction Law notice required under N.Y. Real Prop. Law § 231-c stating whether the building is exempt from or subject to the statute.

Step 2: Determining if the Property is Exempt

Your lawyer's first task is to investigate the property. Not every apartment qualifies for Good Cause protections. Your attorney will pull property tax records and corporate LLC structures from the New York State Department of State, Albany to determine exactly how many units your landlord owns statewide, which is critical for the small landlord exemption.

Step 3: Calculating the Rent Cap

If the building is covered, your lawyer will calculate whether the proposed rent increase is "unreasonable." The law generally defines an unreasonable increase as the inflation rate (Consumer Price Index) plus a specific percentage (e.g., 5%), or a hard cap of around 10%, whichever is lower. If the landlord's demand exceeds this, you have grounds to refuse the increase without losing your home.

Step 4: Defending Against a Holdover Proceeding

If you refuse an unreasonable rent increase and the landlord attempts to evict you by filing Form LT-H-RP, New York, New York City Civil Court (Housing Part), Holdover Petition to Recover Possession of Real Property pursuant to N.Y. Real Prop. Acts. Law § 731 and N.Y. Real Prop. Acts. Law § 741, your attorney will raise the Good Cause Eviction law as an affirmative defense. The judge will review the rent cap calculations and, if the increase is deemed unreasonable, the judge will dismiss the eviction and allow you to stay at a legally permitted rent level.

Exempt Properties: Who is Not Protected?

The Good Cause Eviction framework involves major compromises, leaving hundreds of thousands of units exempt. It is critical to understand if you fall into one of these micro-niches.

Small Landlord Portfolios (10 or Fewer Units)

The state law explicitly exempts "mom and pop" landlords. Under the default statewide baseline in N.Y. Real Prop. Law § 211(3), a landlord who owns 10 or fewer rental units across New York State is exempt from Good Cause protections. However, under N.Y. Real Prop. Law § 213, municipalities that opt in have the statutory authority to lower this threshold. For example, in Albany and Ithaca, local lawmakers reduced the small landlord threshold to just 1 rental unit, meaning that owning 2 or more units subjects a landlord to Good Cause requirements. Corporate landlords often attempt to hide behind dozens of shell LLCs to claim this exemption. In court, tenant lawyers track beneficial ownership to prove a landlord actually owns units across multiple entities exceeding the threshold, bringing them back under the law's protections.

New Construction Within the Last 30 Years

To avoid discouraging new real estate development, buildings completed on or after January 1, 2009, or newly constructed buildings, are entirely exempt from Good Cause Eviction for a rolling period of 30 years from their certificate of occupancy. If you live in a brand-new luxury high-rise in Brooklyn, your landlord can still legally double your rent at the end of your lease.

Owner-Occupied Buildings

If you live in a multi-family home with ten units or less, and the owner actually lives in one of those units as their primary residence, the entire building is exempt. This protects the rights of homeowners who rent out a basement apartment or the other half of their duplex.

Legal Evictions: When Landlords Can Still Evict

Good Cause Eviction is not an absolute ban on evictions. A landlord can still legally remove you from the property if they have a "good cause" as defined under N.Y. Real Prop. Law § 216.

• Non-Payment of Rent: If you stop paying your legally agreed-upon rent, you can be evicted through a standard non-payment proceeding.
• Substantial Lease Violations: Refusing to allow the landlord access for necessary repairs or illegally subletting your apartment on Airbnb.
• Nuisance: Engaging in illegal activities, severe hoarding, or harassing neighbors. In precedents like Domen Holding Co. v. Aranovich, 1 N.Y.3d 117 (NY Court of Appeals 2003), courts define nuisance as a continuous pattern of objectionable behavior.
• Owner Use: The landlord can reclaim the unit if they or their immediate family member genuinely intend to move in as their primary residence.

How Much Does it Cost in New York?

Defending an eviction in New York can be financially daunting, but staying in your home is invaluable.

How Long Does the Process Take?

If a landlord attempts to evict you without Good Cause, the ensuing battle in Housing Court can drag out for 6 to 12 months. New York courts are heavily backlogged, and judges routinely grant adjournments for tenants to secure legal representation or to thoroughly review the landlord's corporate portfolio to determine if they truly qualify for an exemption.

Frequently Asked Questions (FAQ)