Rochester Passes Good Cause Eviction Law Protections

Rochester Passes Good Cause Eviction Law Protections The Rochester City Council approved the strongest possible version of New York Good Cause Eviction Law protections on December 17, 2024. The protections will go into effect for over 100,000 tenants citywide when it is signed into law by Rochester Mayor Malik Evans.

Landlord attorneys Justin R. Friedman and Robert Friedman  are presenting a live webinar for the American Apartment Owners Association explaining the new Good Cause Eviction Law on January 23, 2025 from 2:00-3:00 pm EST. Register for the webinar here.

What is the definition of good cause FOR Rochester, NY rentals?

Good cause is defined as the following:

  • Non-payment of rent unless the rent is “unreasonable.”
  • Violation of a substantial obligation of the tenancy.
  • Malicious or grossly negligent substantial damage to the premises or building.
  • Occupancy is in violation of law and an order to vacate has been issued, unless the condition is created by the landlord, through neglect or otherwise.
  • Illegal use of the premises.
  • Unreasonable refusal of access for necessary repairs.
  • Owner occupancy as principal residence.
  • Withdrawal from the rental housing market.
  • Failure to agree to reasonable changes to a lease.

Like under the rent stabilization laws, tenants cannot waive their right to Rochester, NY Good Cause Eviction protection and any agreement attempting to do so will be found void as against public policy.

What notices are ROCHESTER, NY landlords required to give tenants?

Rochester, New York landlords must send or incorporate a “Good Cause Eviction Law Notice” with every initial lease, renewal lease, notice of rent increase or nonrenewal pursuant to RPL §226-c(1), statutory 14-day rent demand pursuant to Real Actions and Proceeding Law (“RPAPL”) §711(2), and petition pursuant to RPAPL § 741. The notice must advise the tenant, among other things, (i) whether the unit is exempt from Good Cause Eviction protection and the basis for exemption, (ii) if the unit is subject to Good Cause Eviction protection and the landlord intends to increase the rent above the Local Rent Standard, the justification for the increase, and (iii) if the unit is subject to Good Cause Eviction protection and landlord is electing not to renew the lease, the basis for such non-renewal. Landlords should send these notices to all tenants with any pending notice of renewal or initial leases that have not yet been executed or have not yet commenced.

Which housing accommodations are exempt from ROCHESTER, NY Good Cause Eviction Protection?

The following housing accommodations are exempt:

  • Units with a monthly rent that is greater than 245% of the fair market rent (above $5,846 for a studio; $6,005 for a one bedroom; $6,742 for a two bedroom; and $8,413 for a three bedroom), as published annually by the United States Department of Housing and Urban Development (HUD), or the percent of the fair market rent as established by jurisdictions that have opted into the law;
  • Units owned by small landlords, who own 1unit;
  • Owner-occupied buildings that contain 1unit;
  • Units already subject to rent regulation pursuant to local, state, or federal law, rule, or regulation;
  • Units which are required to be affordable for certain income levels pursuant to statute, regulations, restrictive declarations, or regulatory agreements with a local, state, or federal government entity;
  • Units on or within a building that is owned as a condominium or cooperative, or on or within a building that is subject to an offering plan submitted to the office of the attorney general; and
  • Buildings for which a Temporary Certificate of Occupancy or Permanent Certificate of Occupancy was issued after January 1, 2009, for a period of thirty years following the issuance of the certificate.

Also, the Good Cause Eviction law does not apply to sublets; where occupancy is incident to employment; to seasonal use units; units within hospitals; manufactured homes; hotel rooms; or other transient uses, dormitories, or units within religious facilities or institutions.

Click here to obtain a GOOD CAUSE EVICTION NOTICE form

Call or text experienced Rochester Landlord Tenant Attorneys Justin Friedman and Robert Friedman (585) 376-5177 for guidance on protecting yourself as a NY landlord.