More Housing Reform: Good Cause Eviction- What’s So Good About It?

The endless fight for “good cause evictions” has resurfaced and won the favor of legislators in Albany. It has been the topic of conversation for years with bills on the State level that did not progress into law. However, organizers have shifted their focus and efforts to the local level. Starting small, in cities such as Albany to Hudson Valley, Upstate Buffalo and Rochester, the advocates have been met with positive responses.

The issue presented is whether a landlord should only be allowed to evict someone with “good cause.” 

Should renewals be perpetual even for the free market tenant? While many opponents, especially landlords, believe the recent HSTPA laws have provided enough regulation for the next decade, the advocates for the “good cause eviction” legislation believe that no one should be displaced from their home without “good  cause.”  Residential tenants would be guaranteed renewal leases so long as the tenant abides by the terms of their tenancy and the landlord cannot evict without “good cause,” as enumerated by statute.

Banning evictions “without good cause” could be detrimental to the Court system, not to mention our Democracy. The fast and easy expiration of term holdover will be a thing of the past. Each holdover proceeding will be met with a determination as to whether “cause” to evict or not renew the lease has been proven. The question then will become whether the tenant can “cure” the default that barred the tenants from renewing the lease in the first instance? Will alleged conditions within the unit negate a landlord’s right to evict for “good cause”? 

Litigation will be endless with tenants remaining beyond the anticipated contractual term. Contract expirations will bear no real meaning. Have we reverted back to the statutory tenancy and forgotten about the right to freely contract?

Albany Common Council passed the “good cause eviction” bill. While the tenant advocate group applauded the Council for moving the legislation forward, landlords will have a whole new set of rules to consider before seeking to evict a tenant, not renew a lease and/or issue a renewal lease with a “rent hike,” that is considered “unconscionable.” 

A landlord in Albany will have to satisfy one of the ten grounds enumerated for an “eviction” to proceed before a judge may issue a warrant of eviction against the tenant. The “good cause eviction” legislation passed in Albany is only for the City of Albany, and wholly separate from HSTPA State laws. It allegedly seeks to fill the gap and protect tenants not covered by rent stabilization. It essentially provides tenants endless rights to remain in their home if they are “good.”

Will the City of New York be next to require “good cause” evictions? Who is the “good cause” eviction really “good” for?  How much more can lawmakers expect a landlord to endure before presented with the next logical question - what happened to capitalism?  What happened to the “free market” tenant and right to freely contract? Will lawmakers continue to accommodate the tenant and ignore the serious impacts of housing reform on the economic viability of our real estate market? 

Merely calling it a “good cause eviction” does not make it “good” law, or “good” for everyone.  The term is quite deceiving. We will keep you updated as more unravels….

Steven, Jamie & Eric