Good Cause Eviction Protection: What NYC Tenants Need to Know

TL;DR: Good Cause Eviction laws protect tenants from arbitrary evictions and excessive rent increases. NYC's version covers most unregulated apartments, limits rent increases to 3% or CPI+3%, and requires landlords to prove "good cause" for eviction. Know your rights and coverage.


What Is Good Cause Eviction Protection?

Good Cause Eviction laws require landlords to have a valid legal reason ("good cause") to evict tenants or raise rent beyond specific limits, extending rent stabilization-like protections to unregulated apartments.

Key Protection Elements:

  • Just cause requirement for eviction
  • Rent increase limits (typically 3% or inflation-based)
  • Lease renewal rights for compliant tenants
  • Anti-retaliation protections
  • Due process requirements

Current Status in NYC:

  • Statewide law: Passed in 2024, covers many NYC units
  • Local variations: Some areas have additional protections
  • Implementation: Phased rollout with specific coverage rules

Who Is Covered Under Good Cause Eviction?

Apartments Covered:

Unregulated market-rate apartments (most common)
Buildings with 4+ units (in most jurisdictions)
Tenants after initial lease term (usually 1 year)
Month-to-month tenancies

Apartments NOT Covered:

Rent-stabilized units (already have similar protections)
Rent-controlled units (existing strong protections)
Owner-occupied buildings with fewer than 4 units
Cooperative and condominium units
Single-family homes (varies by jurisdiction)
Buildings constructed within last 30 years (some areas)

Tenant Eligibility:

  • Must have completed initial lease term (typically 12 months)
  • Cannot be in violation of substantial lease terms
  • Must be in legal possession of apartment
  • Protection begins after tenancy establishment period

Rent Increase Limits Under Good Cause

Standard Increase Limits:

  • 3% annually, OR
  • Consumer Price Index (CPI) + 3%, whichever is higher
  • Based on 12-month period from last increase

2024-2025 Example Calculation:

Current Rent: $2,500/month
CPI increase: 2.1%
Maximum allowed: CPI + 3% = 5.1%
Max new rent: $2,500 × 1.051 = $2,627.50
Monthly increase: $127.50

Hardship Increases:

Landlords can request larger increases for:

  • Major capital improvements (with proper documentation)
  • Substantial rehabilitation costs
  • Property tax increases above normal
  • Utility cost increases (if landlord pays)

Process: Must apply to housing agency with proof of expenses and get approval BEFORE implementing increase.


What Qualifies as "Good Cause" for Eviction?

Acceptable Reasons for Eviction:

1. Non-Payment of Rent:

  • Failure to pay rent when due
  • Must follow proper notice procedures
  • Tenant has right to cure (pay owed amount)

2. Lease Violations:

  • Material breach of lease terms
  • Nuisance behavior affecting other tenants
  • Illegal use of premises
  • Unauthorized pets (if lease prohibits)

3. Holdover After Lease Expiration:

  • Refusing to leave after proper notice
  • Landlord chooses not to renew
  • Must still have good cause for non-renewal

4. Owner/Family Use:

  • Owner or immediate family moving in
  • Must be primary residence for 3+ years
  • Cannot be pretext for illegal eviction

5. Substantial Renovation:

  • Major construction requiring vacant unit
  • Must offer right of first refusal to return
  • Tenant may be entitled to relocation assistance

What Is NOT Good Cause:

❌ Wanting higher rent from new tenant
❌ Selling property (new owner takes subject to lease)
❌ Personal dislike of tenant
❌ Minor lease violations
❌ Retaliation for exercising tenant rights
❌ Discrimination based on protected characteristics


Lease Renewal Rights

Automatic Renewal Entitlement:

  • Landlord must offer lease renewal to tenants in good standing
  • Same terms as expiring lease (except allowed rent increase)
  • Cannot refuse renewal without good cause
  • Must provide proper notice period (usually 30-90 days)

Renewal Process:

  1. Landlord sends renewal offer within required timeframe
  2. Tenant has right to accept and continue tenancy
  3. Rent increase limited to good cause amounts
  4. Terms cannot be substantially changed without agreement

If Landlord Refuses Renewal:

  • Must state specific good cause reason
  • Tenant can challenge in court
  • Burden of proof on landlord to show good cause
  • Tenant can remain during legal proceedings

How to Challenge Wrongful Eviction

Step 1: Document Everything

  • Keep all rent receipts and payment records
  • Document any lease violations claimed
  • Save all communications with landlord
  • Take photos of apartment condition
  • Keep records of maintenance requests

Step 2: Know Your Notice Rights

Proper Notice Requirements:

  • Non-payment: Usually 14 days to cure
  • Lease violations: 10-30 days to cure (varies)
  • Holdover: 30 days minimum notice
  • Owner use: 90-120 days notice (varies by area)

Step 3: Legal Response Options

In Eviction Proceeding:

  • Appear in court on scheduled date
  • Raise good cause defense if no valid reason exists
  • Challenge notice defects if improper
  • Request legal representation (right to counsel in NYC)

Affirmative Challenges:

  • File complaint with local housing agency
  • Sue for wrongful eviction attempt
  • Seek damages for harassment or illegal eviction
  • Request injunctive relief to stop eviction

Rent Increase Challenges

When to Challenge an Increase:

  • Increase exceeds good cause limits
  • No proper notice given
  • Increase appears retaliatory
  • Major capital improvement claims seem false

Challenge Process:

  1. Request documentation of claimed justification
  2. File complaint with housing authority
  3. Gather evidence disputing landlord claims
  4. Attend hearing or mediation
  5. Withhold excess only if ordered by agency

Evidence to Gather:

  • Comparable rent data in building/neighborhood
  • Documentation of building's actual condition
  • Records of improvements (or lack thereof)
  • Timeline of tenant-landlord disputes

Tenant Protection Strategies

Maintain Perfect Tenancy Record:

  • Pay rent on time, every time
  • Follow all lease terms
  • Document compliance with building rules
  • Keep apartment in good condition
  • Report maintenance issues promptly

Know Your Building's Coverage:

  • Verify good cause laws apply to your building
  • Understand local variations and protections
  • Check building age and ownership type
  • Confirm unit count and regulatory status

Build Paper Trail:

  • All communications in writing
  • Keep copies of lease, rent receipts, notices
  • Document any landlord harassment
  • Save records of all interactions

Exceptions and Limitations

Small Building Exceptions:

Many jurisdictions exempt:

  • Buildings with 3 or fewer units
  • Owner-occupied buildings
  • Single-family homes
  • Some newer construction

Tenant Behavior Exceptions:

Good cause protection doesn't prevent eviction for:

  • Serious lease violations
  • Criminal activity on premises
  • Nuisance behavior
  • Substantial property damage

Market Rate vs. Regulated:

  • Good cause adds protection to market-rate units
  • Doesn't change existing rent-stabilized protections
  • May interact with other local tenant protection laws
  • Can coexist with additional local regulations

Economic Impact and Market Effects

For Tenants:

Benefits:

  • Predictable rent increases
  • Protection from arbitrary eviction
  • Increased housing stability
  • Reduced displacement pressure

Considerations:

  • May reduce mobility if rent below market
  • Could affect apartment quality/maintenance
  • Legal costs if challenging landlord actions

For Landlords:

Challenges:

  • Limited rent increase ability
  • More complex eviction procedures
  • Potential for longer legal processes
  • Increased documentation requirements

Adaptations:

  • More thorough tenant screening
  • Better property maintenance
  • Professional property management
  • Focus on tenant retention

State vs. Local Variations

New York State Law:

  • Statewide good cause eviction protection
  • Covers most unregulated apartments
  • 3% or CPI+3% rent increase limits
  • Applies to buildings with 4+ units

Local Enhancements:

Some cities/counties add:

  • Lower rent increase caps
  • Broader building coverage
  • Additional tenant protections
  • Enhanced enforcement mechanisms

Verify Your Coverage:

  • Check both state and local laws
  • Contact local tenant organization
  • Review with housing attorney if needed
  • Confirm building-specific applicability

Getting Help with Good Cause Issues

Legal Assistance:

  • Housing Court Help Centers: Free guidance
  • Legal Aid Organizations: Income-qualified representation
  • Tenant Rights Groups: Know-your-rights workshops
  • Private Attorneys: For complex cases

Government Resources:

  • Local housing agencies: File complaints
  • State housing authority: Statewide guidance
  • Attorney General: Consumer protection
  • 311: NYC reporting for violations

Tenant Organizations:

  • Met Council on Housing: Tenant advocacy and organizing
  • Tenants & Neighbors: Housing rights support
  • Housing Justice for All: Statewide advocacy
  • Local tenant unions: Building-specific organizing

Secure Your Housing Stability

👉 Find apartments in buildings with good landlord practices using RentReboot alerts. Good cause protection works best when combined with responsive property management and fair dealing from day one.