New York City’s Good Cause Eviction law, enacted in April 2024, introduced the first limits on rent increases for market-rate apartments in NYC’s history. If your apartment is covered by Good Cause Eviction, your landlord can still raise your rent — but if they raise it above a certain threshold, you have a legal defense in housing court. This guide explains exactly how the math works and what your options are.
Quick Recap: What Is the Good Cause Rent Threshold?
The Good Cause Eviction law establishes a presumptive unreasonable rent increase threshold. An increase above this threshold is presumed to be unreasonable — meaning if your landlord tries to evict you for nonpayment of the higher rent, you can raise the unreasonable increase as a defense in housing court.
The threshold is the higher of these two calculations:
- Your current rent plus 5%, OR
- Your current rent plus the local Consumer Price Index (CPI-W) for the New York–Newark–Jersey City metro area
Because inflation in recent years has pushed CPI above 5%, the CPI calculation has typically been the controlling number. But “the higher of” means you always use whichever produces the larger permitted increase.
A Concrete Example
Suppose your current rent is $2,000/month and the local CPI for the relevant period is 3.5%.
- 5% of $2,000 = $100 → permitted increase = $2,100
- CPI (3.5%) of $2,000 = $70 → permitted increase = $2,070
- The threshold is the higher: $2,100 (5% controls here)
If your landlord proposes a rent of $2,150 — $50 above the threshold — that increase is presumptively unreasonable. If you don’t pay the full $2,150 and your landlord brings a nonpayment case, you can raise the Good Cause defense and the judge will evaluate whether the $2,150 is justified.
This Is a Defense, Not a Hard Cap
This is the most important nuance to understand: Good Cause does not prohibit your landlord from asking for any rent they want. It creates a legal presumption in housing court that an above-threshold increase is unreasonable. The consequences flow only if:
- Your landlord proposes an above-threshold increase
- You decline to pay the full increased amount
- Your landlord brings a nonpayment eviction case
- You raise the Good Cause defense
- A judge evaluates whether the increase is justified
If you simply pay the higher rent without objecting, there is no automatic remedy. The protection is a court defense, not an automatic rent regulation system like stabilization.
What Can a Landlord Argue to Justify a Higher Increase?
The law creates a rebuttable presumption — which means your landlord can try to overcome it. In housing court, a landlord can present evidence that a higher increase is justified by factors including:
- Significant capital improvements to the building
- Increased operating costs (taxes, insurance, utilities, maintenance)
- Documented market rents for comparable units in the area
- Other legitimate business reasons
A judge weighs this evidence. The landlord’s justification must be credible and proportional — simply claiming “market rents went up” without evidence may not be sufficient.
What to Do If Your Landlord Proposes an Above-Threshold Increase
Option 1: Negotiate
Before anything reaches court, respond to the renewal offer in writing. Note that the proposed increase exceeds the Good Cause threshold, state that you consider it presumptively unreasonable, and propose a counter-offer at or near the threshold. Some landlords will negotiate rather than risk a housing court proceeding.
Option 2: Pay Under Protest
You can pay the increased amount while explicitly stating in writing that you are doing so “under protest” and do not accept the increase as valid. This preserves your ability to challenge the increase later while avoiding eviction proceedings. Consult a tenant attorney before taking this approach.
Option 3: Decline and Raise the Defense in Court
If your landlord brings a nonpayment case for the disputed amount, raise the Good Cause defense through your attorney or in your own court response. The burden then shifts to your landlord to justify the increase. This path involves court proceedings and the risk of losing if the landlord presents sufficient justification.
Good Cause vs. Rent Stabilization: A Key Difference
Rent-stabilized tenants have a fundamentally different protection: their rent increases are set in advance each year by the NYC Rent Guidelines Board, and any increase above that amount is automatically illegal regardless of what the landlord claims. A stabilized landlord cannot simply propose an above-threshold increase and then justify it in court — the cap is categorical.
Good Cause tenants have a weaker but still meaningful protection: the presumption shifts the burden to the landlord in court, but the landlord can potentially overcome it. If you are uncertain whether your apartment is stabilized, check using the methods in our guide to rent stabilization.
Free Help
- Met Council on Housing: (212) 979-0611
- Legal Aid Society: (212) 577-3300
- NYC Right to Counsel (if facing eviction): evictionfreenyc.org
- Legal Services NYC: lsnyc.org
Frequently Asked Questions
Does Good Cause Eviction cap my rent increase at exactly 5%?
No. The threshold is the higher of 5% or the local CPI rate. When CPI exceeds 5%, the CPI rate controls. And crucially, the threshold is not a hard cap — it creates a legal presumption in court, not an automatic bar on higher increases.
My landlord raised my rent 20%. Is that definitely illegal under Good Cause?
It is presumptively unreasonable — meaning the landlord bears the burden of justifying it if they try to evict you for nonpayment. Whether a court would find it legally unjustifiable depends on what evidence the landlord presents. Consult a tenant attorney to assess your specific situation.
Where do I find the current CPI rate for NYC?
The U.S. Bureau of Labor Statistics publishes CPI data for the New York–Newark–Jersey City metropolitan area at bls.gov. The relevant figure is the Consumer Price Index for All Urban Wage Earners and Clerical Workers (CPI-W) for the metro area.
I am rent stabilized. Does Good Cause apply to me?
No. Good Cause Eviction applies to apartments not already covered by rent stabilization or rent control. Stabilized tenants have stronger protections — rent increases are set by the Rent Guidelines Board and any unauthorized increase is automatically illegal.
