NYS Good Cause Eviction Law Notice Requirements Begin Aug. 18th

(Aug.13, 2024) The New York State Good Cause Eviction Law was enacted as part of the State Fiscal Year 2025 Budget legislation and prohibits the removal of a tenant by non-renewal or eviction without court-approved “good cause”. The new law is applicable in New York City and in localities outside of NYC that opt in through local action.

LeadingAge NY was successful in advocacy to ensure that its membership is largely excluded from the “good cause” requirements. Housing types that are exempt from the good cause requirements include:

units subject to the regulation of rents or evictions pursuant to local, state, or federal law, rule, or regulation;
units that must be affordable to tenants at a specific income level pursuant to statute, regulation, restrictive declaration, or a regulatory agreement with a government entity;
licensed Continuing Care Retirement Communities (CCRCs), assisted living residences, and Adult Care Facilities (ACFs);
senior residential communities that have submitted an offering plan to the Attorney General;
not-for-profit independent retirement communities offering personal emergency response, housekeeping, transportation, and meals to their residents;
housing accommodations within hospitals;
units for which the Certificate of Occupancy was issued on or after January 1, 2009, for thirty years following the issuance of such certificate; and
units for which the monthly rent is greater than the percentage of Fair Market Rent (FMR) set by local law, or 245% of FMR where no percentage is set.

However, as of this Sun., Aug. 18^th, all landlords – even those that are exempt from the good cause requirements – will be required to include a standardized notice of applicability or inapplicability of the NYS Good Cause Eviction Law with every lease and renewal lease, notice of non-renewal of a tenancy, and certain eviction notices required by law.

LeadingAge NY advises its housing provider members to consult with their legal counsel to determine whether they are subject to the law’s good cause requirements and to ensure that they are providing the proper notice. Other members offering residential contracts, including Continuing Care Retirement Communities, are encouraged to consult with their counsel to determine the applicability of the new notice requirements to their community’s contract.

For more information about the NYS Good Cause Eviction Law, see NYS Real Property Law Article 6-A and Section 231-c.

Contact: Annalyse Komoroske Denio, akomoroskedenio@leadingageny.org, 518-867-8866