Good Cause Eviction: Does It Apply to Your Building?
Check whether NY’s Good Cause Eviction law covers your NYC rental: small-landlord and owner-occupied exemptions, post-2009 buildings, high-rent cap, notices.
9 min read · Updated
You are exempt from New York’s Good Cause Eviction law if your NYC unit is already rent-regulated or income-restricted, is a condo or co-op unit, sits in an owner-occupied building of 10 or fewer units, belongs to a “small landlord” owning 10 or fewer units statewide, got its certificate of occupancy on or after January 1, 2009, or rents above 245% of fair market rent. If none of the exemptions in Real Property Law §214 fit, the unit is covered, and you need a listed “good cause” to evict or not renew, and a reason for any increase above the local rent standard.
The law took effect April 20, 2024 and applies automatically in New York City. Use the decision tree for a first answer, then read the rules behind it.
At a glance
- In effect (NYC)
- April 20, 2024
- RPL Article 6-A
- Small landlord
- 10 or fewer units in NYS
- Counted per natural-person owner
- Owner-occupied exemption
- Buildings of 10 or fewer units
- New buildings
- CO on/after Jan 1, 2009
- Exempt for 30 years
- High-rent exemption (NYC 1BR)
- Above $6,505/mo
- 245% of HUD FMR
- Local rent standard (2026 notice)
- 8.38%
- 3.38% CPI + 5%, capped at 10%
Is my NYC rental covered by Good Cause Eviction?
Step 1Where is the rental unit?
The 15 exemptions in RPL §214
The tree groups them, but the statute lists fifteen. A unit needs to fit only one. Exemptions are a defense you will have to prove, so keep the paperwork (deeds, ownership lists, certificate of occupancy, regulatory agreements, rent rolls).
| # | Exemption | What to keep on file |
|---|---|---|
| 1 | Small landlord (10 or fewer units in NYS) | List of every unit each natural-person owner holds |
| 2 | Owner-occupied building with 10 or fewer units | Proof of owner’s residence in the building |
| 3 | Sublessor recovering the unit for personal use in good faith | Sublease and the sublessor’s plans |
| 4 | Occupancy tied to employment that has lawfully ended | Employment and housing agreement |
| 5 | Rents or evictions already regulated by law (e.g., rent stabilization) | DHCR registration |
| 6 | Income-restricted under a statute, regulatory agreement or restrictive declaration | Regulatory agreement |
| 7 | Condo or co-op unit, or subject to an AG offering plan | Offering plan / declaration |
| 8 | CO issued on or after Jan 1, 2009 (exempt for 30 years) | Certificate of occupancy |
| 9 | Seasonal-use dwelling (GOL §7-108) | Lease terms |
| 10 | Hospitals, CCRCs, assisted living, adult care and certain senior communities | Licenses / plan filings |
| 11 | Home in a manufactured home park | Park registration |
| 12 | Hotel room or Class B transient use | Certificate of occupancy |
| 13 | Dormitories run by a college or school | Institutional ownership |
| 14 | Housing within and used by a religious facility | Institutional ownership |
| 15 | Rent above 245% of HUD fair market rent (NYC) | Current lease and DHCR threshold table |
NYC high-rent thresholds
| Unit size | HUD FMR | 245% threshold |
|---|---|---|
| Studio | $2,529 | $6,196 |
| 1 bedroom | $2,655 | $6,505 |
| 2 bedrooms | $2,910 | $7,130 |
| 3 bedrooms | $3,644 | $8,928 |
| 4 bedrooms | $3,959 | $9,700 |
If you are covered: the rent increase cap
Good Cause does not set a hard cap. Instead, RPL §216 creates a rebuttable presumption that an increase is unreasonable if it exceeds the local rent standard: the lower of 5% plus the annual CPI change, or 10% (RPL §211(7)–(8)). DHCR’s 2026 notice reports a 3.38% CPI change (2024 to 2025) for the New York-Newark-Jersey City area, so the NYC standard is 8.38%.
Example: a $3,000 apartment can go to $3,251.40 at renewal ($3,000 × 8.38% = $251.40) without triggering the presumption. To justify more, the court must consider your property tax increases and may consider fuel, utilities, insurance and maintenance costs, and completed “significant repairs” (replacing or substantially modifying a structural, electrical, plumbing or mechanical system that needs a permit, or abating lead, mold or asbestos). Cosmetic work does not count. Test numbers with the Good Cause rent increase checker.
Valid grounds to evict or not renew
For a covered unit, RPL §216 allows removal only by court order and only for these grounds:
- Nonpayment of rent, unless the arrears came from an unreasonable increase.
- A substantial lease violation not cured within ten days of written notice.
- Nuisance, substantial damage, or interfering with others’ comfort or safety.
- Occupancy that violates the law where a government agency has ordered the tenant to vacate.
- Using the unit for an illegal purpose.
- Unreasonably refusing access for required repairs or to show the unit to a buyer or lender.
- Owner or qualifying family member moving in as a principal residence, in good faith, with no other suitable unit in the building, proven by clear and convincing evidence. Not available against a tenant 65 or older or with a disability.
- Good-faith demolition, proven by clear and convincing evidence.
- Good-faith withdrawal of the unit from the rental market, proven by clear and convincing evidence.
- The tenant refuses reasonable lease changes at renewal (including a rent increase that is not unreasonable), after written notice 30 to 90 days before the lease expires.
The notices every owner must send, covered or not
- 1
Attach the Good Cause notice (RPL §231-c)
Include it with every initial lease and renewal lease, every §226-c increase or non-renewal notice, every 14-day rent demand (RPAPL §711(2)) and every eviction petition. It states whether the unit is covered and, if not, which exemption applies. HPD says this has been required since August 18, 2024. - 2
Give 30, 60 or 90 days’ notice for big increases or non-renewal
For a rent increase of 5% or more, or not renewing: 30 days if the tenant has lived there under a year, 60 days for one to two years, 90 days for two years or more (RPL §226-c). If you are late, the tenancy continues on existing terms until the notice period runs. - 3
If increasing above the local rent standard, state your reason
The §231-c notice must give your justification for an increase above the presumptively unreasonable level. - 4
If not renewing a covered unit, name the ground
The notice must state the good cause ground being relied on.
Check your timing with the rent increase notice checker and see NY rent increase and non-renewal notice rules. For court procedure, see nonpayment cases in NYC Housing Court.
All 15 exemptions from RPL §214 text (incl. small landlord disclosure duty, owner-occupied 10-or-fewer units, CO on/after Jan 1 2009 for 30 years, 245% FMR default); section repeal date June 15, 2034 from §214 page. Small landlord = no more than 10 units in the state, entity test by natural-person owners, entity that cannot identify owners does not qualify (§211(3)). Inflation index = 5% + CPI; local rent standard = lower of inflation index or 10% (§211(7)-(8)). Grounds (a)-(j), presumption, court factors, significant repairs, clear-and-convincing standard, 65+/disabled bar on owner-use ground (§216). Notice attachments (§231-c). 30/60/90-day notice for 5%+ increase or non-renewal and continuation remedy (§226-c). NYC FMR and 245% thresholds (HUD FY2025 FMR) and CPI 3.38% from DHCR notice. Effective April 20, 2024 and notice requirement from Aug 18, 2024 from HPD page. Re-verified 2026-10-12 against RPL 211/214/216/226-c/231-c statute text, the DHCR notice PDF (CPI 3.38%, FMR and 245% tables) and the HPD page (owner-occupied applies even if owner owns more units; single-family homes count toward the 10; project-based Section 8 and Housing Connect units exempt; 2010 CO -> covered 2040). $3,000 x 8.38% = $251.40 recomputed. No corrections needed.
Sources
- Real Property Law § 211 (definitions) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 214 (exemptions) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 216 (grounds for removal of tenants) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 231-c (Good Cause Eviction law notice) · New York State Senate (accessed October 12, 2026)
- Real Property Law § 226-c (notice of rent increase or non-renewal) · New York State Senate (accessed October 12, 2026)
- Good Cause Eviction Law: Required DHCR Notice (posted July 16, 2026; revised August 17, 2026) · NYS Division of Housing and Community Renewal (accessed October 12, 2026)
- Good Cause Eviction · NYC Department of Housing Preservation and Development (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.