New York Tenants Have New Protections From Unfair Evictions & Rent Hikes

New York State passed Good Cause Eviction Protections (§213- 2(a) of Article 6-A of NYS Real Property Law) in April 2024, after years of organizing by tenants across the state. If you are eligible for Good Cause Eviction Protections, you now have a right to remain in your home as long as you pay rent and follow your lease.

Good Cause Eviction Protections gives eligible tenants new rights 

• Protection against evictions for no reason so you don’t have to fear retaliation for demanding repairs or organizing with your neighbors
• Guaranteed lease renewals *or* ability to stay in your home month-to-month without a lease
• Ability to challenge rent hikes that are more than 10% or the Consumer Price Index (CPI) + 5%, whichever is lower (8.82% in NYC and surrounding counties and 8.45% upstate as of May 2024). 

Good Cause is most effective when tenants enforce their rights together as a group. If you’re facing a rent hike, unfair eviction, or non-renewal, chances are your neighbors are too. Talk to your neighbors and negotiate with your landlord together. When tenants work together, we have more power.

Who is eligible for new Good Cause rights?

Tenants in NYC are eligible for Good Cause if they:¹

Outside of NYC eligibility differs by locality because municipalities that opt in can change the real estate portfolio exemption and the luxury rent exemption thresholds:

All other cities, towns, and villages in the state will have to opt in to the law. Reach out to info@housingjusticeforall.org to get connected to local opt-in campaigns in your area!

1. For a best guess if you’re covered by Good Cause, look up your address on Open Igloo (though it is not 100% accurate). You can also look up what other buildings your landlord owns on Who Owns What.
2. Rent stabilized, subsidized housing, and public housing tenants as well as manufactured homeowners already have rent regulation and eviction protections. 

How can I use Good Cause to stay in my home?

If your landlord refuses to renew your lease, tells you that you have to leave for no reason, or tries to evict you for no reason, stay in your home! Tell your landlord you have a right to stay unless your landlord has a “Good Cause” to evict you. If your landlord then tries to formally evict you in court, you can raise a Good Cause defense and require your landlord to demonstrate they have a “Good Cause” to evict you.

How can I use Good Cause to fight my rent hike?

1. Demand notice
   Your landlord must give you written notice to raise your rent more than 5% (30 days notice if you’ve lived there less than 1 year, 60 days if you’ve lived there 1-2 years, and 90 days notice if you’ve lived there longer than 2 years). If your landlord tries to raise rent without proper notice, inform them they are violating Real Property Law L Section 226-C. Do not pay any rent increase until they give written notice.
2. Tell them it’s unreasonable
   If your rent increase is more than 10% (or CPI+5%, whichever is lower), tell your landlord it is an unreasonable increase and that a judge could force your landlord to justify it based on increased costs.
   
3. Withhold the unreasonable increase
   You can withhold the rent increase above the ‘reasonable’ threshold. Pay your old rent plus CPI+5% or 10%, whichever is lower. To be safe, set aside the extra rent in a separate escrow account until your negotiations with your landlord have totally resolved.
4. Invoke Good Cause to a judge
   If your landlord takes you to court, you can raise a Good Cause defense. Your landlord would then have to demonstrate to the judge that they raised the rent because of increased costs (taxes, maintenance costs, etc.) or be forced to lower the increase.

Frequently Asked Questions

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