New York City’s Good Cause Eviction law is one of the most significant expansions of tenant protections in decades. Enacted in April 2024 as part of the state budget, it gives millions of NYC renters who were previously unprotected — including those in market-rate apartments, small buildings, and condos — new rights against arbitrary eviction and extreme rent increases.
If you rent in New York City and your apartment is not rent stabilized, Good Cause Eviction may now protect you. Here is what you need to know.
What Is Good Cause Eviction?
Good Cause Eviction (formally Good Cause Eviction Law, NY Real Property Law § 231-b) requires landlords to have a legitimate legal reason — a “good cause” — before they can evict a tenant or refuse to renew a lease. Before this law, landlords of unregulated apartments could simply let a lease expire and decline to renew, without giving any reason.
The law also places a presumptive cap on rent increases. If a landlord raises rent above a certain threshold and then tries to evict a tenant for nonpayment, the tenant can use the high increase as a defense in housing court.
Who Is Covered Under Good Cause Eviction?
Good Cause Eviction covers most unregulated rental apartments in New York City, with significant exceptions. You are likely covered if:
- You rent in New York City (the law applies citywide)
- Your apartment is not already rent stabilized or rent controlled
- Your building has more than 10 units, OR your landlord owns more than 10 units across all properties
- Your apartment is not a condominium or cooperative unit rented by an individual owner
- Your building was not completed within the last 30 years (there is a 30-year exemption for newer construction)
The law explicitly excludes the following from coverage:
- Owner-occupied buildings with ten or fewer units where the owner also lives
- Condominiums and cooperatives rented by the individual unit owner
- Buildings completed within 30 years (until December 31, 2029 — after that date, the exemption rolls forward)
- Units rented for less than one year or seasonal rentals
- Units where the rent is subsidized and governed by other law (like Section 8)
What Counts as “Good Cause” for Eviction?
Under the law, a landlord must have one of the following valid reasons to evict you or refuse lease renewal:
- Nonpayment of rent — but only if the rent owed is not the result of an unauthorized rent increase exceeding the threshold
- Lease violation — a material violation of lease terms after written notice and a reasonable opportunity to cure
- Nuisance — conduct that substantially interferes with the health, safety, or quiet enjoyment of other tenants
- Illegal activity — using the apartment for illegal purposes
- Damage to the premises — willful or gross negligent damage beyond normal wear and tear
- Refused access — preventing the landlord from making legally required repairs after proper notice
- Owner occupancy — the landlord or an immediate family member intends to move in (with restrictions)
- Building demolition or substantial rehabilitation — with proper city permits and DHCR approval
Crucially, “I don’t want to renew your lease” or “I want to rent to someone who will pay more” are not valid reasons under Good Cause Eviction.
The Rent Increase Cap: What Is the “Threshold”?
Good Cause Eviction creates a presumptive unreasonable rent increase threshold. If your landlord raises your rent above this threshold, the increase is presumed unreasonable in a housing court proceeding, and the landlord must justify it.
The threshold is calculated as the higher of:
- 5% above your current rent, OR
- The rate of change in the Consumer Price Index for the New York metropolitan area (CPI-W) plus 5%
If your landlord raises your rent above this threshold and then tries to evict you for nonpayment of the increased amount, you can raise the unreasonable rent increase as a defense in housing court. A judge can then determine whether the increase was justified.
Important: This is a defense in court, not an automatic bar on rent increases. Your landlord can still ask for a higher rent — but if you don’t pay and they try to evict you, you have a legal argument.
How to Use Good Cause Eviction as a Defense
If your landlord brings a nonpayment eviction case against you in housing court, and you believe the unpaid amount stems from an unauthorized rent increase, follow these steps:
- Do not ignore the court papers. Respond to any court notice and appear at every hearing.
- Request a free attorney. NYC’s Right to Counsel law provides free legal representation to income-qualifying tenants facing eviction in housing court. Call 311 or visit evictionfreenyc.org.
- Document the rent increase. Gather your prior lease, the renewal lease showing the new amount, and any written communications from your landlord about the increase.
- Calculate the threshold. Compare your prior rent to the new rent and to the Good Cause threshold to determine if it qualifies as presumptively unreasonable.
- Raise the defense in court. Your attorney can formally raise the Good Cause defense. A judge will evaluate whether the increase is justified.
What Good Cause Eviction Does NOT Do
It’s important to understand the law’s limits:
- It does not set a hard cap on rent. Landlords can still raise rents above the threshold — they just face a presumption of unreasonableness in court.
- It does not give you the same protections as rent stabilization. Stabilized tenants have regulated rent increases set by the Rent Guidelines Board; Good Cause tenants only have a court defense.
- It does not apply to the excluded categories above (small owner-occupied buildings, new construction, etc.)
- It does not prevent eviction for legitimate violations. A landlord with a real lease violation can still pursue eviction through proper legal process.
Free Legal Help for Good Cause Eviction Cases
- NYC Right to Counsel: Free lawyers for income-eligible tenants in housing court — call 311 or visit evictionfreenyc.org
- Legal Aid Society: legalaidnyc.org — free civil legal services for low-income New Yorkers
- Met Council on Housing: (212) 979-0611 — tenant hotline and advocacy
- DHCR Tenant Hotline: (718) 739-6400
- NYC Housing Court Help Center: Free assistance at the courthouse — locations at all five borough housing courts
Frequently Asked Questions
Does Good Cause Eviction apply to my apartment?
If you rent in NYC in an unregulated apartment, it likely applies — unless you’re in a small owner-occupied building (10 or fewer units where the owner lives), a newer building (completed within 30 years), or a condo/co-op rented by the individual owner. When in doubt, contact a tenant attorney or the Met Council on Housing.
My landlord said they won’t renew my lease. Is that legal under Good Cause?
If you’re covered by Good Cause Eviction, your landlord must have a valid legal reason to not renew your lease. “I don’t want to” is not sufficient. You can raise non-renewal without good cause as a defense in housing court.
My rent increase is above 5%. What should I do?
You do not have to move. You can negotiate with your landlord, pay the increase under protest (document this in writing), or — if your landlord tries to evict you for nonpayment of the increased amount — raise the Good Cause defense in housing court. Consult a tenant attorney before deciding how to proceed.
When did Good Cause Eviction take effect?
The Good Cause Eviction law was enacted as part of New York State’s April 2024 budget and applies to eviction proceedings initiated after its effective date. Lease renewals and rent increases proposed after the law’s enactment are subject to its provisions.
Can my landlord evict me for having a pet if my lease prohibits it?
A material lease violation — including a pet prohibition — can qualify as good cause for eviction, but the landlord must generally provide written notice and a reasonable opportunity to cure the violation (e.g., remove the pet) before proceeding. Consult a tenant attorney if you receive such a notice.
