A law passed in New York in April 2024 makes it more difficult to remove problem tenants from rental properties.
As a homeowner screening potential tenants, it’s important to keep local, state and federal housing laws in mind to avoid legal trouble, especially as new laws are introduced frequently across the country. supports tenants Instead of homeowners, that includes Good Cause eviction laws.
“Eviction for good cause is a new law new yorkIt went into effect on April 20, 2024, although some provisions went into effect later, on August 18, 2024,” Daniel Phillips, a real estate litigation partner at Belkin, Burden & Goldman who specializes in landlord-tenant disputes, told by phone. Fox News Digital.
Good cause eviction legislation was passed in New York in April 2024. (iStock)
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Even when proper screening is done, including background checks, credit checks, and recommendations on behalf of the potential tenant, sometimes landlords find a tenant who causes problems.
“Essentially, what the law says is that fair market tenants who are not regulated, such as rent-stabilized and rent-controlled tenants, but free market tenants cannot be removed from possession of an apartment unless the landlord does so. cannot establish that they are exempt from the law or that they have what is called good cause, as defined in the law, for removing the tenant from possession.”
There are several types of homes that are exempt from Good cause eviction law.
Good cause eviction laws make it more difficult for landlords to get rid of bad tenants, a New York lawyer tells Fox News Digital. (iStock)
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Homeowners who own 10 units or less are not covered by this law, according to NewYork.gov.
A tenant who rents out a property and then decides to return it is also exempted from this law, as is a tenant who is provided a home because of a job, but who then leaves the job. Is or is fired.
Other examples include homes built on or after January 1, 2009; Homes where rent and eviction are already regulated by federal, state, or local law; According to NewYork.gov, condos and cooperative buildings and homes in residences that are regulated by the federal, state or local government that contain income or rent restrictions, such as project-based Section 8 vouchers. Seasonal homes, mobile homes, hotel rooms and homes where the rent is more than 245% of fair market rent are also excluded from the law.
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There are several different grounds that will be considered “good cause” for eviction based on this new law.
Phillips explained, “Some of the grounds for removal that would be defined as good cause are that the tenant is a nuisance, that the tenant has failed to pay rent owed and, again, to remove the tenant. There is a list of other grounds.” “If the landlord does not fall into one of those categories, whether exempt or grounds for removal, the tenant is essentially allowed to remain in possession of an apartment indefinitely.”
Landlords should be aware of all the laws at the federal, state, and local levels such as Good Cause Eviction to avoid trouble with the law. (iStock)
Phillips said the law protects potentially bad tenants, making it harder for landlords to evict them.
“This law will help protect tenants who fall into the gray area, where they may not rise to the level of being a nuisance or a bad tenant where you can remove them. But the landlord will still have to deal with a problematic tenant. They have to be dealt with and, Phillips said, “they can’t just be gotten rid of when the lease is up.”
“So, this will help protect those tenants who are difficult and sometimes not good at paying rent and are giving problems to the landlord, but perhaps not rising to the level where they can file a complaint against them. We can bring the case to court and evict them.”
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Additionally, according to Phillips, the law imposes a cap on annual rent increases, which is currently 8.82%.
Many housing problems are related to squatters illegally occupying homes. Disputes have been going on for a long time in many states The occupiers play in the court.
While a good cause eviction law is unlikely to lead to squatter situations, Phillips said the law potentially protecting “bad tenants” is consistent with the way squatters are protected against landlords in many housing disputes. .
“I think what you’re going to see is that potentially bad tenants are being protected, in the same way The encroachers are being protected in a way With rights that maybe they shouldn’t have,” Phillips said. “These tenants will be protected, and it will be more difficult for landlords to remove problematic tenants from their buildings.”
