Good Cause Eviction Becomes Law in Rochester, New York
Good Cause Eviction is now the law in the City of Rochester. Here is what you need to know.
On April 20, 2024 the New York State Good Cause Eviction Law went into effect. Landlords statewide are required to provide a notice to their tenants as to whether the good cause eviction law applies to their tenancy. The restrictions of the Good Cause Eviction Law went into effect as of April 20 for New York City but the law left towns and cities outside of NYC to decide whether to adopt “good cause eviction.”
On December 17, 2024 the Rochester City Legislature voted to adopt the Good Cause Eviction Law. The bill was signed into law on January 10, 2025.
What is Changing?
Landlords are no longer able to terminate tenancies without providing a reason. Prior to this law, landlords had to honor the period of time specified for the term in the lease. However, once the period expired a landlord could terminate a lease upon either 30, 60, or 90 days notice provided that the termination wasn’t motivated by discrimination or retaliation. Now, even if the term of a lease has expired, the landlord must continue renting the unit unless there is a good cause to terminate.
Landlords will also be under scrutiny for rent increases that are “presumptively unreasonable.” If the rent increase is presumptively unreasonable the landlord will need to provide a justification for the increase. Presumptively unreasonable is defined as 5% plus the annual percentage change in the consumer price index, or 10%-whichever percentage is lower.
What Constitutes a Good Cause?
The good causes are spelled out in the statute and include:
The landlord seeks, in good faith, to recover the premises for their own personal use and occupancy, or for that of an immediate relative;
The tenant’s use of the property is solely incidental to the tenant’s work, and said work has been lawfully terminated;
The tenant has failed to pay rent and the rent is not the result of a presumptively unreasonable rent increase;
The tenant is violating a substantial obligation of their tenancy or violating the rules and regulations of the premises and the tenant has failed to cure the violation within 10 days of receiving written notice;
The tenant is maliciously causing damage to the property, committing or permitting a nuisance in the property, or violating others’ quite use and enjoyment of the property;
The tenant’s occupancy violates the law and the landlord is subject to civil or criminal penalties as a result of allowing the tenant to remain;
The tenant is allowing the premises to be used for an illegal purpose;
The tenant is unreasonably refusing the landlord to access the unit for necessary repairs or maintenance, or for showing to a prospective purchaser;
The landlord, in good faith, seeks to withdraw the property from the housing rental market; and
The tenant has failed to accept a rent increase that is not presumptively unreasonable.
How Can Landlords Protect Themselves?
1.) Make a Lease: If you operate on oral agreements that should be a thing of the past. Certain of the good causes that allow for landlords to terminate a lease based on tenant conduct requires the rules of the lease to be in writing and signed by the tenant. It is also important that all of the things that are important to you as a landlord should be in writing in the lease. I highly recommend you sit down with an attorney that practices in Rochester Housing Court to make sure your leases are sound.
2.) Keep your rents up with the market: an increase in rent above 10% is going to be considered presumptively unreasonable. Rather than wait until your units are well below market rate and try to make a large increase, it’s safer to have year by year increases of rent in 5% increments.
3.) Document everything: You should keep a file for each of your units. If your tenant pays late, place a copy of the late rent notice with proof of mailing in the file. If the tenant is violating terms of the lease, send a notice of violation and place a copy of the same with proof of delivery in the file. The burden is on the Landlord to demonstrate the good cause and it’s important that you keep contemporaneous records that will pay off in court.
4.) Keep all of your communications with your tenants professional: Remember that your tenants are human beings. Treating people fairly and professionally can go a long way. You also don’t want to provide any fuel for allegations that your reasons for termination are not being made in good faith.
Conclusion:
Good Cause Eviction is now law Rochester. It is important for landlords to understand their responsibilities and take action to protect themselves.
One thing we cannot know is how this will play out in the courts. I anticipate the procedures may change as the Court system is likely to experience an uptick in trial requests. As landlords, all we can do is prepare ourselves to put our best foot forward when making our case to the judge.
I have been representing landlords in Rochester Housing Court for the past 8 years. I have handled 1,000s of eviction matters. Please feel free to schedule a consultation and it would be my pleasure to help you safeguard your assets!
