Rochester Becomes Latest City to Opt Into Good Cause Eviction Protections

(Jan. 7, 2025) Rochester has become the latest municipality to opt into the Good Cause Eviction Law, which prohibits certain rental housing providers from removing a tenant by non-renewal or eviction without court-approved “good cause” and is applicable in NYC as well as localities outside of NYC that opt in through local action.

Other localities that have opted into the law include the cities of Albany, Kingston, Ithaca, Poughkeepsie, Beacon, Newburgh, and Hudson, as well as the villages of Nyack and New Paltz.

LeadingAge NY was successful in advocacy to ensure that its membership is largely excluded from the “good cause” requirements, even if the locality in which the property is located opts into the law. 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, assisted living residences, and adult care facilities;
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 Jan. 1, 2009, for 30 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 percent of FMR where no percentage is set.

However, all landlords – even those who are exempt from the good cause requirements – are 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 tenancy, and certain other notices required by law.

The attorneys at Hinman Straub have developed a memo to help LeadingAge NY provider members navigate the Good Cause Eviction Law Notice requirements, which became effective on Aug. 18, 2024. For members’ convenience, “Appendix A” of the memo constitutes the required Notice template to be completed and provided to tenants and residents as described in the memo.

Members should feel free to contact Annalyse Komoroske Denio (akomoroskedenio@leadingageny.org) with any questions or concerns on the Good Cause Eviction Law or the associated Notice requirements.

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