What is Good Cause Eviction? NY lawyer on protection of 'bad tenants', possible squatters

A instrumentality passed successful New York successful April 2024 makes it much hard for occupation tenants to beryllium removed from rental properties.

As a homeowner screening imaginable tenants, it is captious to support local, authorities and national lodging laws successful caput to debar ineligible trouble, particularly arsenic caller authorities crossed the state often supports tenants alternatively of homeowners, which includes the Good Cause Eviction Law.

"Good Cause Eviction is simply a caller instrumentality successful New York. It came into effect connected April 20 of 2024, though definite provisions came into effect aboriginal on, connected Aug. 18, 2024," Daniel Phillips, a existent property litigation spouse astatine Belkin, Burden and Goldman who specializes successful landlord-tenant disputes, told Fox News Digital by phone.

The Good Cause Eviction Law was passed successful New York successful April 2024.  (iStock)

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Even erstwhile due screening is conducted, including inheritance checks, recognition checks and recommendations connected a imaginable tenant's behalf, sometimes landlords extremity up with a tenant who causes problems.

"Essentially, what the instrumentality states is that just marketplace tenants who are not regulated, specified arsenic rent-stabilized and rent-control tenants, but escaped marketplace tenants cannot beryllium removed from possession of an flat unless the landlord tin found either that they are exempt from the instrumentality oregon that they person what's called bully cause, which is defined successful the instrumentality to region the tenant from possession."

There are respective types of homes that are exempt from the Good Cause Eviction Law.

A New York lawyer told Fox News Digital the Good Cause Eviction Law makes it much hard for landlords to get escaped of atrocious tenants.  (iStock)

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Homes owned by a landlord who owns 10 units oregon less bash not autumn nether this law, according to NewYork.gov.

A tenant who sublets and past decides to instrumentality to a spot is besides exempt from this law, arsenic are homes provided to a tenant due to the fact that of a occupation but who past leaves the occupation oregon is fired.

Other examples see homes built connected oregon aft Jan. 1, 2009; homes wherever rents and evictions are already regulated by federal, authorities oregon section law; homes successful condo and co-op buildings and homes that the federal, authorities oregon section authorities regulates that see income oregon rent restrictions, specified arsenic project-based Section 8 vouchers, according to NewYork.gov. Seasonal homes, mobile homes, edifice rooms and homes wherever rent is much than 245% of just marketplace rent are besides excluded from the law. 

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There are respective antithetic grounds that would beryllium considered "good cause" for eviction based connected this caller law. 

"Some grounds for removal that would beryllium defined arsenic bully origin is that the tenant is simply a nuisance, that the tenant failed to wage rent that's owed and owing and, again, there's a database of different grounds for removing the tenant," Phillips explained. "If the landlord doesn't autumn into either 1 of those categories, whether being exempt oregon having a grounds for removal, past the tenant is permitted to stay successful possession of an flat fundamentally successful perpetuity."

Landlords should beryllium alert of each laws astatine a federal, authorities and section level, similar Good Cause Eviction, to debar occupation with the law.  (iStock)

Phillips said this instrumentality protects perchance atrocious tenants, making it harder for landlords to region them. 

"This instrumentality volition assistance support tenants that benignant of autumn successful the grey country wherever they mightiness not emergence to the level of being a nuisance oregon a atrocious tenant, wherever you could region them. But the landlord inactive has to woody with a problematic tenant and can't conscionable get escaped of them simply erstwhile the lease expires," Phillips said. 

"So, this is going to assistance support tenants who are hard and sometimes not bully astatine paying the rent and giving problems to the landlord, but possibly not rising to the level wherever they tin bring a tribunal lawsuit against them and evict them."

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Additionally, the instrumentality puts a headdress connected yearly rent increases, which is presently 8.82%, according to Phillips.  

Several lodging problems woody with squatters coming into possession of a location unlawfully. In galore states, lengthy disputes with squatters play retired successful court. 

While the Good Cause Eviction Law is improbable to origin into a squatter situation, Phillips said the instrumentality perchance protecting "bad tenants" is accordant with the mode squatters are protected against landlords successful galore lodging disputes.  

"I deliberation what you're going to conscionable spot is simply a batch of perchance atrocious tenants being protected, akin to the mode squatters are benignant of being protected with rights that possibly they shouldn't have," Phillips said. "These tenants are going to beryllium protected, and landlords are going to person a much hard clip removing problematic tenants from their buildings."