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Eviction Safeguards Introduced in NY State Budget; Renters Gain New Rights

Mona Davids by Mona Davids
April 27, 2024
in Metro
Julia Salazar

Julia Salazar

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The New York state budget has implemented new eviction protections for renters, introducing complexities in its applicability across various tenancies.

Known as the “good cause” eviction law, this regulation mandates landlords to justify non-renewals or evictions and allows tenants to contest rent hikes exceeding 10%, or 5% plus the Consumer Price Index—whichever is lower. 

However, the law has been critiqued for being less robust than initially advocated by supporters, including progressive lawmakers and tenant organizations.

State Senator Julia Salazar, who initially sponsored the bill, expressed mixed emotions about the final legislation, remarking, “This is not good-cause eviction as [originally] written, clearly. I think this is nonetheless a historic moment. 

Salazar added, “It’s the very first time that we are seeing new protections against unjust evictions and unreasonable rent increases for unregulated renters in New York City.”

The “good cause” statute mandates that landlords provide lease renewals to tenants who meet their lease conditions and disclose whether this law covers units. 

Coverage is straightforward for larger buildings constructed before 2009 that have more than ten units and rent for under $6,000 a month for a one-bedroom.

However, buildings with fewer units present greater challenges, especially when properties are owned through limited liability companies (LLCs), which can obscure true ownership.

Ellen Davidson, an attorney at the Legal Aid Society, highlighted the practical difficulties in navigating these new rules, stating, “It’s going to be very hard for tenants without attorneys to navigate this. By looking at that LLC, you can’t tell the difference between someone who owns tens of thousands of homes across the country and someone who only owns a two-family home.”

The freshly enacted law is now in effect, offering landlords a four-month grace period to comply with the disclosure regulations. 

This measure will remain valid until January 15, 2034.

Notably, it does not apply to buildings where the owner lives on-site and has fewer than 10 units, and it excludes co-ops, condos, mobile homes, dorms, hotels, and apartments under other rent regulations. Despite its intent to extend protections, the legislation faces criticism for not covering as many tenants as hoped. 

Assemblymember Tony Simone, a supporter of the original proposal, lamented, “It doesn’t cover as many people as I’d like, but it’s a start.”

Tenant groups have already voiced concerns about potential loopholes that landlords might exploit. 

Cea Weaver, director of the Housing Justice For All coalition, argued, “Good-cause eviction is so full of holes that landlords will drive a fleet through it.”

While the law sets a new standard in tenant protections in New York, its complexity and the myriad exceptions it contains suggest that its effectiveness in preventing unjust evictions will heavily depend on robust enforcement and public awareness.

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