Good Cause Eviction (GCE) is a legal framework in New York that protects tenants from arbitrary evictions by requiring landlords to provide a valid reason, or “good cause,” for terminating a tenancy or refusing to renew a lease. Enacted as part of broader tenant protection reforms, GCE aims to stabilize housing for renters, particularly in high-cost areas, by limiting landlords’ ability to evict tenants without justification. Below is a clear explanation of GCE, tailored to the context of New York, including Nassau and Suffolk County, as of 2025.
What is Good Cause Eviction?
GCE laws mandate that landlords can only evict tenants or decline to renew a lease for specific reasons outlined in the law. These reasons typically include:
· Non-payment of rent: The tenant fails to pay rent owed, provided the rent increase is deemed reasonable (see below).
· Lease violations: The tenant breaches lease terms, such as causing property damage, engaging in illegal activities, or creating a nuisance.
· Substantial lease violations: Repeated or severe breaches, like unauthorized subletting or refusing landlord access for necessary repairs.
· Landlord’s personal use: The landlord seeks to recover the unit for their own use or for a family member, though this is subject to strict conditions.
· Property sale or demolition: The landlord intends to sell the property or convert it for non-residential use, with proper notice and documentation.
Without one of these valid reasons, a landlord cannot evict a tenant or force them to vacate, even if the lease term has expired.
Key Features of GCE
· Rent Increase Protections:
· GCE includes a rebuttable presumption that rent increases exceeding 5% plus the Consumer Price Index (CPI) or 10% of the current rent (whichever is less) are “unreasonable.”
· If a tenant challenges an eviction based on non-payment of an excessive rent increase, the landlord must prove in court that the increase is reasonable, considering factors like market rates, property improvements, or operating costs.
· Applicability:
· As of 2025, GCE is fully implemented in New York City for most market-rate apartments in buildings with six or more units, following the Housing Stability and Tenant Protection Act (HSTPA) and subsequent legislation.
· In Nassau and Suffolk County, GCE may apply if local municipalities opt in, as the law allows cities, towns, or villages to adopt GCE for their jurisdictions. Tenants in rent-stabilized units or buildings with fewer than six units may have different protections.
· Exemptions:
· GCE typically does not apply to owner-occupied buildings with fewer than six units, condos, co-ops, or units where the rent exceeds 245% of the fair market rent (as defined by HUD).
· Newer buildings (constructed after a certain date, often 2009) may also be exempt, depending on local regulations.
Process and Tenant Rights
· Notice Requirements: Landlords must provide written notice specifying the good cause for eviction, typically 30 to 90 days, depending on the tenancy length or reason.
· Court Oversight: Evictions under GCE must go through housing court, where tenants can contest the landlord’s claims. Tenants may request adjournments or legal representation, often available through legal aid organizations like Nassau/Suffolk Law Services in Suffolk County.
· Retaliation Protections: Landlords cannot evict tenants in retaliation for exercising their rights, such as reporting code violations or organizing with other tenants.
Impact in Suffolk County
In Suffolk County, GCE’s adoption depends on local government action, as towns like Huntington or Islip can choose to implement it. Where applicable, GCE strengthens tenant protections by preventing evictions driven by speculative rent hikes or landlord whims. However, landlords retain the right to evict for legitimate reasons, provided they follow due process. Tenants benefit from increased stability, while landlords must ensure compliance with notice and documentation requirements to avoid legal challenges.
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