Required Notice for All Rental Properties Re: Good Cause Eviction
(August 22, 2024) When Good Cause Eviction was passed as part of the state budget in April, it took effect immediately only for properties in New York City. Outside of New York City, the law does not take effect unless a city, town, or village specifically passes an ordinance opting into the law. To date, no municipalities in Westchester, Rockland, and Putnam have done so, and only 5 municipalities have opted in statewide.
There are many other exemptions written into the law, including for new construction, co-ops and condos, rent-stabilized units, income restricted affordable housing, owner occupied buildings under a certain size, “small landlords,” and others. These only come into play if a municipality has opted into Good Cause Eviction in the first place.
However, starting this month, ALL RENTAL UNITS STATEWIDE, regardless of where they are located, will need to include a required notice from the property owner to the tenant. This standardized form will need to be included as part of:
- a first-time lease;
- a renewal lease;
- a notice that the landlord does not intend to renew the lease;
- a communication to the tenant that the landlord intends to raise the rent above 5% — even if the proposed increase is lower than the “unconscionable rent” threshold set by the Good Cause Eviction law for the year (currently 8.82% for our region);
- or the commencement of an eviction proceeding.
This notice is required to inform the tenant or prospective tenant as to whether the unit is covered by the Good Cause Eviction or not. For nearly all units outside New York City, the answer will be to fill in the information about the property and indicate the unit is exempt because “A. Village/Town/City outside of New York City has not adopted good cause eviction under section 213 of the Real Property Law.”
The Division of Housing and Community Renewal was supposed to publish an official version of the form but has not yet done so. As we are now within the timeframe to begin using this notice, we are sending you a Sample Good Cause Eviction Notice. We STRONGLY urge you to begin incorporating it right away to ensure that if your units are exempt from the Good Cause Eviction Law, your property rights will be protected and respected in any legal dispute.
As always, please consult with your attorney about your specific circumstances or reach out to the BRI office at 914-273-0730 or opens in a new windowinfo@buildersinstitute.orgcreate new email with general questions.