Albany, Kingston eye “good cause eviction” law, enabled by state

A watered-down good cause eviction measure in New York’s state budget is already being considered for adoption by some municipalities.

The cities of Albany and Kingston are looking at the state good cause measure, the Times Union reported. Both municipalities had previously passed stronger “good cause” measures, but legal challenges are threatening each policy, leaving the cities to eye a surer bet.

Albany is considering repealing its 2021 law to move to the state-sanctioned policy. The city’s good cause law remains in effect, but is being appealed. The issue is expected to come up at the next Common Council meeting.

In Kingston, meanwhile, the mayor said that he expects his Hudson Valley city to opt into the new state law, having expressed hesitance about going it alone without a state policy a few years ago.

Other Hudson Valley communities such as Newburgh, Hudson and Poughkeepsie are likely considering options as they work through their own good-cause challenges.

Under the state law, tenants in good standing must be given a lease renewal. If the annual rent increase is more than 10 percent, or inflation plus 5 percent, and tenants challenge an eviction in court, the landlord must prove the increase was justified.

Landlords said the effect would be perpetual tenancies and universal rent control. But supporters of good cause called it too weak, in part because it was not made automatic outside of New York City.

The Democratic Socialists of America said it was “watered down” on behalf of the real estate industry, while Real Estate Board of New York president James Whelan said it will “create significant new risks for owners, developers and funders.”

Exempt from the new law are condos, co-ops, manufactured homes, sublets and dorms, and, for 30 years from completion, rentals built in 2009 or later.

Small landlords are also exempt, though state lawmakers left it up to municipalities to define the term, except in New York City.

— Holden Walter-Warner

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