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Understanding New York's Good Cause Eviction Law: What Tenants and Landlords Need to Know

    New York's newly enacted Good Cause Eviction Law (effective April 20, 2024) (“GCEL”) significantly changes the landscape for both tenants and landlords in unregulated housing. For the first time, many tenants in market-rate apartments now have protection against unjust evictions and excessive rent increases. In effect, the GCEL imposes rent-stabilization-like obligations on landlords, requiring them to renew leases unless they can demonstrate “good cause” for termination. This article breaks down the key aspects of the law and offers practical guidance for navigating its requirements.

 

1. Who Is Protected Under the Good Cause Eviction Law?

    The law applies to many market-rate apartments statewide, including in New York City. However, several important exemptions exist.

 

Covered Units:

    Most market-rate apartments in buildings constructed before 2009 are covered because they are not subject to the exemption under Real Property Law (“RPL”) § 214(8), which excludes units in buildings that received a certificate of occupancy on or after January 1, 2009, for a period of 30 years. After the 30-year period ends, those units may become subject to GCEL unless another exemption applies.

 

Exemptions Include:

• Units in buildings with 10 or fewer apartments where the owner lives onsite.

• “Small Landlord” - Landlords who own 10 or fewer residential units across all properties. See RPL § 211(3).

• Condominiums, cooperatives, sublets, dormitories, hotels, and hospital-affiliated housing.

• Units where the monthly rent exceeds 245% of the Fair Market published by HUD for the county in which the housing accommodation is located.

• Units that are subject to rent regulation.

 

    Tenants must be given written notice if their unit is exempt explaining which exemption applies.

 

2. Grounds for Eviction Under the Good Cause Law

    Under the law, a landlord can only evict a tenant for specific, legally recognized reasons:

• Nonpayment of rent (unless the rent increase was unreasonable).

  • • Rent increases will be considered reasonable if they are 10% or 5% + CPI (“local rent standard”), whichever is less. There is a rebuttable presumption that increase above is “unreasonable.”

    • Courts may consider all relevant facts to determine if the rent increase is reasonable, including fuel and other utility costs, insurance, maintenance, increases in property tax expenses and significant repairs.

    • Significant repairs include structural repairs, electrical, plumbing or mechanical repairs requiring a permit, abatement of hazardous materials, such as lead paint, asbestos or mold and exclude cosmetic repairs such as painting and decorating.

 

• Violation of a substantial lease term after 10-day written notice to cure.

• Nuisance or illegal conduct.

• Use of the unit for an illegal purpose.

• Substantial damage to the property.

• Failure to provide access for the landlord’s necessary repairs.

• The landlord or their family plans to occupy the unit.

• The building is being taken off the rental market or demolished.

 

    Evictions or lease nonrenewal without one of these reasons are not permitted under the law. (See RPL § 216).

 

    Additionally, landlords must serve the Good Cause Eviction notice with any notice of eviction, rent demand, or lease nonrenewal. (See RPL § 231-c).

 

3. Rent Increase Limits for Covered Units

    Landlords can still raise rent, but increases are subject to new caps: the smaller of 10% or 5% plus the annual Consumer Price Index (CPI).

 

    Increases above this threshold are presumed unreasonable unless the landlord can justify them with evidence (e.g., major renovations, property tax hikes). (See RPL § 216).

 

4. Mandatory Lease and Notice Disclosures for Landlords

    Landlords must include a Good Cause Eviction disclosure in:

 

• New leases

• Lease renewals

• Notices of eviction or nonrenewal

 

    Failure to include this notice can be a defense against eviction. (See RPL § 231-c).

 

5. Required Notice for Rent Increases Over 5% (RPAPL § 226-c)

    Even before the enactment of the Good Cause Eviction Law, landlords in New York were required under RPL § 226-c to provide advance written notice of rent increases of 5% or more, or of intent not to renew a lease:

 

• 30 days' notice for tenants who have lived in the unit for less than 1 year or have a lease of less than 1 year.

• 60 days' notice for tenants who have lived there for 1–2 years or have a lease term of 1–2 years.

• 90 days' notice for tenants who have occupied the unit for more than 2 years or have a lease longer than 2 years.

 

    Landlords must continue to comply with RPAPL § 226-c in addition to the new Good Cause requirements.

 

6. Service Requirements for Notices and Petitions

    Notices such as rent demands, nonrenewal notices, and petitions in Housing Court must be served in accordance with New York Civil Practice Law and Rules (CPLR) and RPAPL § 735:

 

• Personal Delivery: Directly to the tenant or a person of suitable age and discretion at the premises.

• Substitute Service: If personal service cannot be made with due diligence, the papers may be affixed to the door and mailed (commonly referred to as "nail and mail").

 

    Although RPAPL § 735 applies specifically to the service of summary proceeding petitions and notices of petition, similar diligence and formal methods of service are required for pre-suit notices, including rent demands and notices of termination. Courts have dismissed cases for improper or informal service of predicate notices. See, e.g., RPAPL § 711(2), Joseph v Lyu, 58 Misc 3d 159[A], (App Term, 2d Dept 2018), RPAPL § 713, MTGLQ Invs., LP v Meikle, 78 Misc 3d 1205[A], (Civ Ct, Bronx County 2023); Gomez v. Gomez, 85 Misc. 3d 1263(A), 231 N.Y.S.3d 814 (N.Y. Civ. Ct. 2025).

 

    Proper service is critical. Improper or untimely service can result in dismissal of the landlord’s petition. Landlords should use licensed process servers and maintain affidavits of service.

 

7. Tenant Defenses and Legal Remedies Under Good Cause

    Tenants can raise Good Cause protections as a defense in Housing Court. The court may dismiss an eviction if the landlord lacks a valid legal basis or the rent increase is deemed excessive.

 

    The law is not self-enforcing – tenants must raise these defenses if served with a notice to vacate or taken to court.

 

8. How NYC Landlords Can Comply with the Good Cause Eviction Law

To comply with the new law, landlords should:

• Determine if their units are covered or exempt.

• Include the required Good Cause notices in all future leases and notices. See RPL § 231-c.

• Justify rent increases over the statutory cap with clear documentation.

• Maintain accurate records of lease violations or tenant complaints.

 

Conclusion

    New York’s Good Cause Eviction Law marks a major shift in rental housing law. While it offers important protections to tenants, it also imposes new responsibilities on landlords. Whether you are a renter trying to understand your rights or a property owner managing compliance, legal guidance is essential.