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Also attached to this agenda item: January 8th Resolution 1-2025 Adoption of LL Intro 15 of 2024 November 20th Resolution 220-2024 Scheduling a Public... Public Comments - LL Intro 15

What is Good Cause Eviction? Good Cause Eviction is a defense that tenants can use in Housing Court in an eviction proceeding, which provides that a tenant is entitled to the renewal of their lease unless a landlord has “good cause” (see below) to terminate the lease and evict them. This defense is only available to tenants in communities where local governments have adopted a local law establishing the “good cause” standard, as prescribed under Article 6A of the NYS Real Property Law. Such a law restricts landlords from terminating tenancies without a valid "good cause" and allows tenants to challenge excessive rent increases. What is an unreasonable rent increase? The Good Cause Eviction law establishes a "local rent standard" to determine reasonable annual rent increases based on local inflation rates. This standard is calculated as the inflation rate plus 5%, capped at a maximum of 10% annually. While exceeding the local rent standard generally indicates an unreasonable rent increase, the court ultimately decides in eviction cases, considering factors like necessary repairs or increased property taxes that may justify higher increases for landlords. What are the “good cause” reasons for eviction, nonrenewal of lease, or termination of tenancy? A good cause law allows landlords to evict tenants for legitimate reasons, such as non-payment of rent (except when due to an unreasonable rent increase), violating lease terms, creating a nuisance, engaging in illegal activity, or unreasonably denying the landlord access to the property. Other valid reasons include the issuance of a vacate order by a government agency, tenant damage to the property, and the tenant's refusal to agree to reasonable lease changes with proper notice. A good cause law also allows landlords to evict if they or a family member intend to occupy the unit, plan to demolish the property, or take it off the market. What types of homes are not covered by the Good Cause Eviction law? 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: ● A home where rents and/or evictions are already regulated by federal, state, or local law (e.g. an apartment that is rent stabilized) and/or which include rent or income restrictions (e.g. affordable housing funded in part by the local state, or federal government); ● A home in an owner-occupied building with no more than ten units; ● A home built on or after January 1, 2009; ● A home in a hospital, assisted living residence, etc.; ● A home that was provided to the tenant as part of their job, but the tenant is being lawfully terminated from or leaving that job; ● A manufactured, mobile home, a hotel room, seasonal rental or other short-term use; and ● A home that was sublet by a tenant who is now returning to their home; What other NY communities have Good Cause Eviction protections? Since the New York State good cause law was adopted in 2024, the following communities outside of New York City have opted-in to good cause with local laws of their own (as of Jan. 1, 2025): ● The City of Albany; ● The City of Kingston; ● The City of Ithaca; ● The City of Poughkeepsie; ● The City of Beacon; ● The City of Newburgh; ● The City of Hudson; ● The Village of New Paltz; ● The Village of Nyack; and ● The City of Rochester; Other communities may opt-in (or out) in the future. What’s the Difference Between Good Cause and the Emergency Tenant Protection Act? Like Good Cause Eviction, New York’s Emergency Tenant Protection Act (ETPA) is a policy that local governments in New York State may opt-in to. Croton-on-Hudson is one of 18 Westchester County communities that have opted into ETPA. Since 2023, Village of Croton-on-Hudson has applied EPTA to buildings constructed before 1974 that contain 6 or more units. A vacancy survey conducted by the village found that vacancy rates in affected buildings were less than 5 percent, the threshold in New York State to enact stabilization. Under ETPA, acceptable increases are governed by the local rent guidelines board. Last year, the Westchester Rent Guidelines Board approved an increase in rent stabilized apartments by 2.5% for a one year lease, and 3.5% for two year leases. ETPA is enforced by the NYS Division of Home and Community Renewal. They can be reached at their White Plains office at (914) 948-4434. Unlike ETPA, Good Cause Eviction is a defense that tenants can use in an eviction proceeding in a local court, if the municipality has opted-in to Good Cause Eviction. It is up to the court to determine whether it is applicable. Where can I learn more about Good Cause Eviction? You can learn more about good cause using the following links: ● The New York State Good Cause Eviction Law: Article 6A of the NYS Real Property Law. ● Division of Housing and Community Renewal’s Good Cause Eviction page. Disclaimer: The above is a simplified summary and may not be entirely comprehensive. It is crucial to consult the actual legislation and seek legal advice for specific situations.