3 years ago

127

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The New York State Senate had introduced Bill S2892B, commonly referred to as the Good Cause Eviction Bill, which will fundamentally alter the ability of property owners to evict a tenant, subtenant or squatter unless the landlord can demonstrate a “good cause” for eviction.

The legislation would apply to all residential property including hotel rooms where the occupant stays more than 30 days, with the only exceptions being rent stabilized and rent controlled apartments and single family homes.

What counts as good cause?

Not having a lease or an expired lease is not good cause

Landlords are not allowed to evict or attempt to evict a tenant, even if that tenant’s lease has expired or if a squatter doesn’t have a lease to begin with, unless a court has decided that there is a good cause for eviction, as defined in the following sections. The text of the bill is as follows, in all capital letters:

§ 214. GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLUSION FROM POSSESSION, NOTWITHSTANDING THAT THE TENANT HAS NO WRITTEN LEASE OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHERWISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT JURISDICTION ENTERED IN AN APPROPRIATE JUDICIAL ACTION OR PROCEEDING IN WHICH THE PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS AS GOOD CAUSE FOR REMOVAL OR EVICTION:

Landlords can’t raise rent more than three percent

The tenant failing to pay rent is ostensibly a good cause for eviction, which must be determined by court, unless the reason the tenant didn’t pay rent was because the landlord increased the rent more than three percent or 1.5 times the rate of inflation, whichever is greater.

(A) THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM A RENT INCREASE WHICH IS UNREASONABLE OR IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL OR PART OF THE RENT DUE AND OWING IS THE RESULT OF AN UNREASONABLE RENT INCREASE, IT SHALL BE A REBUTTABLE PRESUMPTION THAT THE RENT FOR A DWELLING NOT PROTECTED BY RENT REGULATION IS UNREASONABLE IF SAID RENT HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING EITHER THREE PERCENT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR IN QUESTION, WHICHEVER IS GREATER;

The tenant is violating a substantial obligation under the lease

A good cause for eviction is if the tenant is violating a substantial obligation under the lease, again as determined by a tenant friendly New York court. Of course, the obligation to vacate the property after lease expiration or default isn’t considered a good cause for eviction.

(B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER TENANCY, OTHER THAN THE OBLIGATION TO SURRENDER POSSESSION, AND HAS FAILED TO CURE SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEVER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;

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