Albany has recently passed legislation that impacts evictions in New York City. Pursuant to this bill, a landlord may have to show good cause when commencing an eviction.
Good cause does not really have to be established for an eviction based upon the non-payment of rent unless: 1) the non-payment of rent is caused by an unreasonable increase of rent or 2) the case was brought to circumvent this legislation.
Under this legislation, a landlord will have to establish good cause for commencing a holdover eviction due to a non-renewal of lease or termination of tenancy.
According to the legislation, some examples of good cause are:
1) the tenant is conducting illegal activity on the premises; 2) tenant refuses access to the landlord; 3) tenant has defaulted on the lease and not cured the default after being served a notice to cure; and 4) nuisance.
Exceptions to the legislation do apply, where the landlord will not have to establish good cause. Some of the exceptions are: 1) small landlords that own less than 10 units; 2) owners of cooperative units or condominium units; and 3) units in which the rent is above the legislative threshold of rent.
If a landlord falls within one of the exceptions, an additional notice must be served accompanying the predicate notice detailing the exception.
Further information will be provided from the New York City Civil Court when they release an updated Directives and Procedures for the new legislation’s implementation.
