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On Thursday, a day after Governor Kathy Hochul expressed a lack of interest in implementing statewide “good cause” eviction legislation during a press conference in Albany, the capital city—pioneering such tenant protections at the local level in New York—suffered a legal setback in appellate court. In a concise six-page ruling, a panel from the Third Department of judges ruled in favor of Albany landlords, concluding that state property laws override and annul the city’s 2021 good cause eviction protections encapsulated in Local Law F. This local ordinance had provided protections for tenants by preventing landlords from evicting tenants simply because a lease had expired or if they were month-to-month tenants without a lease, as long as they paid rent and did not engage in illegal activities. Additionally, the law allowed tenants to contest evictions for nonpayment if their rent had been increased by more than 5% within a year. This provision was halted by a state court judge in June of last year, prompting the city to appeal to a higher court immediately.
The appellate panel noted in their decision that despite Albany’s good intentions, the Code of the City of Albany 30-327 and 30-328 restricts the rights granted to landlords by state law. This decision demonstrates the growing urgency for similar protections to be established at the state level, as advocated by tenant supporters. A statewide Good Cause bill, championed by Senator Julia Salazar of Brooklyn and Assemblymember Pamela Hunter of Syracuse, has been in the legislative pipeline since 2019. His bill aims to prevent landlords from evicting tenants without legitimate causes such as failure to pay rent or creating a nuisance. It also proposes enabling tenants to challenge excessive rent increases above a certain threshold. Despite being introduced multiple times, the bill has repeatedly stalled during budget negotiations. However, tenant advocates are optimistic about potential progress this year, buoyed by recent developments such as the appointment of Assemblymember Linda B. Rosenthal, a fervent advocate for tenant rights, as chair of the housing committee.
Landlord representative Ben Neidl of E. Stewart Jones Hacker Murphy LLP praised the decision, arguing that it affirmed their position that Albany’s local law conflicted with existing state regulations meant to fairly balance the rights of landlords and tenants. However, many, including Housing Justice, urged the state to take immediate action towards the court’s ruling.
Landlords have consistently criticized good cause legislation as an infringement on property rights, arguing that rent caps could hinder their ability to maintain and repair properties effectively. Greg Drilling, representing Homeowners for an Affordable New York, ridicule the legislation as a misguided effort by extremists that fails to address the underlying issue of housing supply shortages. Conversely, tenants regard the good cause eviction defense as a crucial safeguard against drastic rent hikes.
With the appellate court’s decision, Buitrago and other tenants at the Capital Crossings apartment complex now face uncertain housing stability. Meanwhile, similar good cause eviction protections remain active in Kingston, Beacon, and Poughkeepsie, and just recently, Newburgh has opt into Good Cause. In light of the ruling, Rich Lanzarone, executive director of the Hudson Valley Property Owners Association, urged Kingston to repeal its measure, highlighting the legal precedent set by the recent decision. Legal Aid Society attorney Ellen Davidson pointed out that the court’s concern was not with the content of Albany’s law but rather with the authority of the city to enact such legislation, underscoring that the state itself possesses the necessary legislative power to enact such protections.
The statewide good cause bill introduces provisions slightly different from Albany, such as enabling tenants to contest nonpayment eviction cases if their rent increases by more than 3% annually or exceeds 1.5 times the yearly change in the consumer price index. Additionally, the bill exempts residential buildings with fewer than four units. Advocates, including the Pratt Center for Community Development and the Community Service Society of New York, estimate that the legislation would affect roughly 1.6 million households which is almost half of the renters in the state.
As discussions continue, Governor Hochul remains focused on her Housing Compact, which seeks to create 800,000 new homes statewide over the next decade. When questioned about incorporating good cause legislation into her housing agenda, Hochul maintained that her current plans already set the framework for this year’s legislative priorities. The coming months will reveal whether this approach can effectively meet the diverse needs of New Yorkers.
This court decision is a major setback for tenant rights. Without good cause protections, landlords have way too much power to evict people unfairly
yeah we need more rights for tenants!!!
New York’s rental market is a nightmare. We need protections for tenants and a massive increase in affordable housing, not just one or the other
If landlords can only make a profit by evicting tenants or increasing the rent, maybe they shouldn’t be landlords
I get that landlords need to make money, but evicting someone just because their lease ends is crazy lol
If landlords can evict tenants just because their lease expires, what’s the point of even having renter protections?
This is exactly why Good Cause needs to be passed at the state level. Cities like Albany shouldn’t have to fight legal battles just to protect tenants.
well Hochul keeps saying she’s focused on the housing crisis, but her refusal to support Good Cause shows she’s prioritizing landlords over tenants which makes me really sad because tenants should have the same rights…
The thing is Good Cause doesn’t even mean free housing. It just ensures landlords can’t push people out for no reason, which is extremely common sense so I’m just extremely confused why it hasn’t been passed yet.
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We need good cause legislation because the housing crisis won’t be solved by making it easier to evict tenants.
i think the real issue is that we don’t have enough housing supply. We need to build more, not pass more regulations
That still shouldn’t allow landlords to kick tenants out whenever they want. They need at least a good reason to hence the good cause act
It’s wild that half the renters in NY could benefit from good cause protections, yet lawmakers keep stalling on it
i think that policies usually take a while to pass in general
I remember reading another article on this website where it took 15 years to pass something. I don’t remember the exact name tho
Rent increases over 5% in a single year are unreasonable. People shouldn’t have to live in fear of losing their homes because of price gouging
but landlords also need to cover rising costs like taxes and repairs. There has to be a balance
Without renter protections, people will be priced out of their homes, and homelessness will rise. We’ve seen it happen before
Albany’s law was blocked, but Kingston, Beacon, and Poughkeepsie still have good cause protections. The fight isn’t over
THERE IS STILL A CHANCE!!!!!!!!!!
Julia Salazar and Pamela Hunter have been pushing for this since 2019. It’s ridiculous that good cause still hasn’t passed statewide
Because landlords have too much influence
So landlords can kick people out for no reason, even if they’re paying rent? that sounds like exploitation to me…
“If Hochul wants to build 800,000 new homes, is it possible for her to make sure existing tenants don’t get displaced in the meantime.
A housing shortage doesn’t justify unlimited rent hikes. Good cause is about stability, not stopping landlords from making a profit
Guys, please remember that good cause eviction doesn’t mean landlords can’t evict bad tenants. It just prevents unfair evictions for people who are paying their rent
The fact that we need a law to stop landlords from evicting tenants just to jack up the rent is proof the system is broken
It’s basic economics. If there’s more demand than supply, landlords will charge higher rents. We need more housing, not more regulation
The Pratt Center and CSS estimate that 1.6 million households would benefit from good cause protections
At the very least, tenants should be able to challenge rent hikes that are way above inflation. This shouldn’t even be controversial
This is so interesting because Good Cause isn’t rent control but more so it just stops landlords from evicting people arbitrarily. Why is that even controversial?