Understanding Good Cause Eviction: What You Need to Know

The Good Cause Eviction Law is a recent tenants’ rights law that grants New York City residents the right to continue residing in their homes without the fear of being unreasonably evicted or extreme rent increases. In several situations, tenants of market rate housing will now be covered by more extensive protections. Even though it directly applies to residents of New York City’s five boroughs, it also applies to Nassau and Suffolk County residents. Therefore, it is paramount that Long Island homeowners and future homebuyers understand this law.

Good Cause Eviction Law Explained

The Good Cause Eviction Law gives New York City-based tenants of unregulated properties new protections, including the right to decently sized rent increases. It gives eligible tenants protections against evictions for no reason, the ability to dispute unreasonable rent increases, and the right to lease renewal if you pay your rent and follow the state laws. State lawmakers have established a “local rent standard”, which is the amount of rent increased considered acceptable each year based on inflation in the area in which the tenant resides. The local rent standard is set each year at the rate of inflation plus 5%, with a maximum of 10%. Under New York State law, a rent increase is considered unreasonable if it exceeds the local rent standard.

Also, landlords of properties covered by these requirements cannot terminate a tenancy without a “good cause” reason, which is an acceptable reason for evicting a tenant. Landlords are allowed to evict tenants for some of the following reasons:

1.        The tenant has not paid rent

2.        The tenant has violated a sizable obligation of its tenancy or breached the terms of its lease or other rules set by its landlord

3.        The tenant does not agree to reasonable changes to the lease, if written notice is given 30-90 days before the expiration of the current lease

4.        The landlord intends to demolish the house

5.        The landlord decides to take the home off the market

How Good Cause Eviction Affects People’s Lawsuits in the Boroughs Versus on Long Island

The Good Cause Eviction Law can have a substantial impact on tenants in both the five boroughs and on Long Island. Some lawsuits that involve eviction are more complex than others and require more thorough grounds for investigation. Here is an analysis of how Good Cause Eviction may affect tenants in both areas.

In New York City, the housing market is very regulated and there are a variety of tenant protections in place, such as rent control and rent stabilization laws. The Good Cause Eviction Law offers New York City renters further stability, such as rent increase caps and added security to renters vulnerable to arbitrary evictions.

Long Island’s housing market is less regulated than New York City’s; therefore, it has less stringent rent regulations. Even though some areas of Nassau and Suffolk County have strong rental markets, Long Island has fewer rent-controlled and rent-stabilized units.

The Effects of a Good Cause Notice

There are many effects of a good cause notice. Here are some of them to get you thinking.

1.        Enhanced stability and security

Tenants can only be evicted for valid reasons, such as not paying rent and violating lease terms. This gives them more security in their living situations so long as they cannot be evicted for no reason or without an organized process.

2.        Justified rent increases

Good cause notices generally include provisions that limit the amount by which a landlord can increase rent, typically based on a set percentage, such as the rate of inflation. This reduces how much rent can be increased in any given year.

3.        Improved communication with landlords

The main requirement for a good cause notice means that landlords must write to tenants about the reasons for eviction or rent increases. This enhances transparency and gives tenants more clarity on which actions they could take, such as negotiating with their landlord).

4.        Better legal protection

Tenants can have an easier time challenging illegal and unfair evictions since by law they must state the reason for evictions and rent increases. This gives them more leverage when advocating for their rights in court.

The Rights and Duties of Landlords

Landlords have many rights and duties when dealing with lawsuits that involve eviction. Here are some of them to get you started.

Rights

1.        The right to seek eviction

They have the right to seek eviction if tenants breach the terms of the lease or rental agreement.

2.        The right to initiate a legal proceeding

If the tenant does not fix the issue within the notice period, a landlord has the right to file an eviction lawsuit in court and request a hearing if necessary.

3.        The right to collect rent

Additionally, they have the right to collect unpaid rent during the eviction process.

4.        The right to hire a professional

Finally, they have the right to hire an attorney to handle the eviction process for them and navigate legal complexities.

Duties

1.        To follow legal procedures

Landlords have to follow the legal process for eviction, which includes giving proper notice to tenants, filing the eviction suit in the proper court, and getting a court order for eviction. Evicting a tenant without following these steps is an illegal eviction and can result in negative legal consequences.

2.        To provide proper notice

Landlords are also mandated to provide tenants with written notices before initiating eviction proceedings. A notice should describe the reason for eviction and the time period in which the tenant can fix the situation.

3.        To respect tenants’ rights

Additionally, landlords are prohibited from harassing and retaliation against tenants for advocating for and defending their legal rights.

4.        To maintain the property

By law, landlords are required to maintain their properties in safe, habitable conditions. If the tenant is being evicted due to a landlord’s failure to do this, it could affect the eviction proceedings in a negative manner.

5.        To avoid self-help eviction

They cannot force tenants to move out of their properties, shut off utilities, change locks, or engage in other actions that would prevent them from residing in their homes because it can lead to detrimental legal consequences, including getting sued.

6.        To return the security deposit

If the tenant leaves the property, the landlord must return the tenant’s security deposit.

7.        To avoid discrimination

Finally, according to the Fair Housing laws, they cannot discriminate against tenants by evicting them due to their race, gender, religion, disability, familial status, or national origin.

Are you ready to get the right legal protection for your eviction? Call a landlord and tenant lawyer today, and let’s ensure your needs get met.