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This entry was published on 2024-05-03
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SECTION 231-C
Good cause eviction law notice
Real Property (RPP) CHAPTER 50, ARTICLE 7
* § 231-c. Good cause eviction law notice. 1. A landlord as defined in
subdivision two of section two hundred eleven of this chapter shall
append to or incorporate into any initial lease, renewal lease, notice
required pursuant to paragraph (a) of subdivision one of section two
hundred twenty-six-c of this article, notice required pursuant to
subdivision two of section seven hundred eleven of the real property
actions and proceedings law, or petition pursuant to section seven
hundred forty one of the real property actions and proceedings law, the
following notice:
NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK
STATE GOOD CAUSE EVICTION LAW
This notice from your landlord serves to inform you of whether or not
your unit/apartment/home is covered by the New York State Good Cause
Eviction Law (Article 6-A of the Real Property Law) and, if applicable,
the reason permitted under the New York State Good Cause Eviction Law
that your landlord is not renewing your lease. Even if your apartment is
not protected by Article 6-A, known as the New York State Good Cause
Eviction Law, you may have other rights under other local, state, or
federal laws and regulations concerning rents and evictions. This
notice, which your landlord is required to fill out and give to you,
does not constitute legal advice. You may wish to consult a lawyer if
you have any questions about your rights under the New York State Good
Cause Eviction Law or about this notice.
NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)
UNIT INFORMATION
STREET:
_______________________________________________________________________
UNIT OR APARTMENT NUMBER:
_______________________________________________________________________
CITY/TOWN/VILLAGE:
_______________________________________________________________________
STATE:
_______________________________________________________________________
ZIP CODE:
_______________________________________________________________________
1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN
AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE
ANSWER)
YES ___
NO ___
2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW,
KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT
FROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS)
A. Village/Town/City outside of New York City has not adopted good cause
eviction under section 213 of the Real Property Law ___;
B. Unit is owned by a "small landlord," as defined in subdivision 3 of
section 211 of the Real Property Law, who owns no more than 10 units for
small landlords located in New York City or the number of units
established as the maximum amount a "small landlord" can own in the
state by a local law of a village, town, or city, other than New York
City, adopting the provisions of Article 6-A of the Real Property Law,
known as the New York State Good Cause Eviction Law, or no more than 10
units, as applicable. In connection with any eviction proceeding in
which the landlord claims an exemption from the provisions of Article
6-A of the Real Property Law, known as the New York State Good Cause
Eviction Law, on the basis of being a small landlord, the landlord shall
provide to the tenant or tenants subject to the proceeding the name of
each natural person who owns or is a beneficial owner of, directly or
indirectly, in whole or in part, the housing accommodation at issue in
the proceeding, the number of units owned, jointly or separately, by
each such natural person owner, and the addresses of any such units,
excluding each natural person owner's principal residence. If the
landlord is an entity, organized under the laws of this state or of any
other jurisdiction, then such landlord shall provide to the tenant or
tenants subject to the proceeding the name of each natural person with a
direct or indirect ownership interest in such entity or any affiliated
entity, the number of units owned, jointly or separately, by each such
natural person owner, and the addresses of any such units, excluding
each natural person owner's principal residence (exemption under
subdivision 1 of section 214 of the Real Property Law) ___;
C. Unit is located in an owner-occupied housing accommodation with no
more than 10 units (exemption under subdivision 2 of section 214 of the
Real Property Law) ___;
D. Unit is subject to regulation of rents or evictions pursuant to
local, state, or federal law (exemption under subdivision 5 of section
214 of the Real Property Law)___;
E. Unit must be affordable to tenants at a specific income level
pursuant to statute, regulation, restrictive declaration, or pursuant to
a regulatory agreement with a local, state, or federal government entity
(exemption under subdivision 6 of section 214 of the Real Property Law)
___;
F. Unit is on or within a housing accommodation owned as a condominium
or cooperative, or unit is on or within a housing accommodation subject
to an offering plan submitted to the office of the attorney general
(exemption under subdivision 7 of section 214 of the Real Property Law)
___;
G. Unit is in a housing accommodation that was issued a temporary or
permanent certificate of occupancy within the past 30 years (only if
building received the certificate on or after January 1st, 2009)
(exemption under subdivision 8 of section 214 of the Real Property Law)
___;
H. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of
section 7-108 of the General Obligations Law (exemption under
subdivision 9 of section 214 of the Real Property Law) ___;
I. Unit is in a hospital as defined in subdivision 1 of section 2801 of
the Public Health Law, continuing care retirement community licensed
pursuant to Article 46 or 46-A of the Public Health Law, assisted living
residence licensed pursuant to Article 46-B of the Public Health Law,
adult care facility licensed pursuant to Article 7 of the Social
Services Law, senior residential community that has submitted an
offering plan to the attorney general, or not-for-profit independent
retirement community that offers personal emergency response,
housekeeping, transportation and meals to their residents (exemption
under subdivision 10 of section 214 of the Real Property Law) ___;
J. Unit is a manufactured home located on or in a manufactured home park
as defined in section 233 of the Real Property Law (exemption under
subdivision 11 of section 214 of the Real Property Law) ___;
K. Unit is a hotel room or other transient use covered by the definition
of a class B multiple dwelling under subdivision 9 of section 4 of the
Multiple Dwelling Law (exemption under subdivision 12 of section 214 of
the Real Property Law) ___;
L. Unit is a dormitory owned and operated by an institution of higher
education or a school (exemption under subdivision 13 of section 214 of
the Real Property Law) ___;
M. Unit is within and for use by a religious facility or institution
(exemption under subdivision 14 of section 214 of the Real Property Law)
___;
N. Unit has a monthly rent that is greater than the percent of fair
market rent established in a local law of a village, town, or city,
other than New York City, adopting the provisions of Article 6-A of the
Real Property Law, known as the New York Good Cause Eviction Law, or 245
percent of the fair market rent, as applicable. Fair market rent refers
to the figure published by the United States Department of Housing and
Urban Development, for the county in which the housing accommodation is
located, as shall be published by the Division of Housing and Community
Renewal no later than August 1st in any given year. The Division of
Housing and Community Renewal shall publish the fair market rent and 245
percent of the fair market rent for each unit type for which such fair
market rent is published by the United States Department of Housing and
Urban Development for each county in New York State in the annual
publication required pursuant to subdivision 7 of section 211 of the
Real Property Law (exemption under subdivision 15 of section 214 of the
Real Property Law) ___;
3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,
KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE
THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE
LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR
PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is
presumptively unreasonable if the increase from the prior rent is
greater than the lower of: (a) 5 percent plus the annual percentage
change in the consumer price index for all urban consumers for all items
as published by the United States Bureau of Labor Statistics for the
region in which the housing accommodation is located, as published not
later than August 1st of each year by the Division of Housing and
Community Renewal; or (b) 10 percent.) (PLEASE MARK AND FILL OUT THE
APPLICABLE RESPONSE)
A. The rent is not being increased above the threshold for presumptively
unreasonable rent increases described above: ___;
B. The rent is being increased above the threshold for presumptively
unreasonable rent increases described above: ___;
B-1: If the rent is being increased above the threshold for
presumptively unreasonable rent increases described above, what is the
justification for the increase:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,
KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
SERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE,
WHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL
APPLICABLE REASONS)
A. This unit is exempt from Article 6-A of the Real Property Law, known
as the New York State Good Cause Eviction Law, for the reasons stated in
response to question 2, above (IF THIS ANSWER IS CHECKED, NO OTHER
ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;
B. The tenant is receiving this notice in connection with a first lease
or a renewal lease, so the landlord does not need to check any of the
lawful reasons listed below for not renewing a lease under Article 6-A
of the Real Property Law, known as the New York State Good Cause
Eviction Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS
QUESTION SHOULD BE CHECKED) ___;
C. The landlord is not renewing the lease because the unit is sublet and
the sublessor seeks in good faith to recover possession of the unit for
their own personal use and occupancy (exemption under subdivision 3 of
section 214 of the Real Property Law): ___;
D. The landlord is not renewing the lease because the possession, use or
occupancy of the unit is solely incident to employment and the
employment is being or has been lawfully terminated (exemption under
subdivision 4 of section 214 of the Real Property Law): ___;
E. The landlord is not renewing the lease because the tenant has failed
to pay rent due and owing, and the rent due or owing, or any part
thereof, did not result from a rent increase which is unreasonable. A
rent increase is presumptively unreasonable if the increase from the
prior rent is greater than the lower of: (a) 5 percent plus the annual
percentage change in the consumer price index for all urban consumers
for all items as published by the United States Bureau of Labor
Statistics for the region in which the housing accommodation is located,
as published not later than August 1st of each year by the Division of
Housing and Community Renewal; or (b) 10 percent (good cause for
eviction under paragraph a of subdivision 1 of section 216 of the Real
Property Law): ___;
F. The landlord is not renewing the lease because the tenant is
violating a substantial obligation of their tenancy or breaching any of
the landlord's rules and regulations governing the premises, other than
the obligation to surrender possession of the premises, and the tenant
has failed to cure the violation after written notice that the violation
must cease within 10 days of receipt of the written notice. For this
good cause to apply, the obligation the tenant violated cannot be an
obligation that was imposed for the purpose of circumventing the intent
of Article 6-A of the Real Property Law, known as the New York State
Good Cause Eviction Law. The landlord's rules or regulations that the
tenant has violated also must be reasonable and have been accepted in
writing by the tenant or made a part of the lease at the beginning of
the lease term (good cause for eviction under paragraph b of subdivision
1 of section 216 of the Real Property Law): ___;
G. The landlord is not renewing the lease because the tenant is either
(a) committing or permitting a nuisance on the unit or the premises; (b)
maliciously or grossly negligently causing substantial damage to the
unit or the premises; (c) interfering with the landlord's, another
tenant's, or occupants of the same or an adjacent building or
structure's comfort and safety (good cause for eviction under paragraph
c of subdivision 1 of section 216 of the Real Property Law): ___;
H. The landlord is not renewing the lease because the tenant's occupancy
of the unit violates law and the landlord is subject to civil or
criminal penalties for continuing to let the tenant occupy the unit. For
this good cause to apply, a state or municipal agency having
jurisdiction must have issued an order requiring the tenant to vacate
the unit. No tenant shall be removed from possession of a unit on this
basis unless the court finds that the cure of the violation of law
requires the removal of the tenant and that the landlord did not,
through neglect or deliberate action or failure to act, create the
condition necessitating the vacate order. If the landlord does not try
to cure the conditions causing the violation of the law, the tenant has
the right to pay or secure payment, in a manner satisfactory to the
court, to cure the violation. Any tenant expenditures to cure the
violation shall be applied against rent owed to the landlord. Even if
removal of a tenant is absolutely essential to the tenant's health and
safety, the tenant shall be entitled to resume possession at such time
as the dangerous conditions have been removed. The tenant also retains
the right to bring an action for monetary damages against the landlord
or to otherwise compel the landlord to comply with all applicable state
or municipal housing codes (good cause for eviction under paragraph d of
subdivision 1 of section 216 of the Real Property Law): ___;
I. The landlord is not renewing the lease because the tenant is using or
permitting the unit or premises to be used for an illegal purpose (good
cause for eviction under paragraph e of subdivision 1 of section 216 of
the Real Property Law): ___;
J. The landlord is not renewing the lease because the tenant has
unreasonably refused the landlord access to the unit for the purposes of
making necessary repairs or improvements required by law or for the
purposes of showing the premises to a prospective purchaser, mortgagee,
or other person with a legitimate interest in the premises (good cause
for eviction under paragraph f of subdivision 1 of section 216 of the
Real Property Law): ___;
K. The landlord is not renewing the lease because the landlord seeks in
good faith to recover possession of the unit for the landlord's personal
use and occupancy as the landlord's principal residence, or for the
personal use and occupancy as a principal residence by the landlord's
spouse, domestic partner, child, stepchild, parent, step-parent,
sibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The
landlord can only recover the unit for these purposes if there is no
other suitable housing accommodation in the building that is available.
Under no circumstances can the landlord recover the unit for these
purposes if the tenant is (a) 65 years old or older; or (b) a "disabled
person" as defined in subdivision 6 of section 211 of the Real Property
Law. To establish this good cause in an eviction proceeding, the
landlord must establish good faith to recover possession of a housing
accommodation for the uses described herein by clear and convincing
evidence (good cause for eviction under paragraph g of subdivision 1 of
section 216 of the Real Property Law): ___;
L. The landlord is not renewing the lease because the landlord in good
faith seeks to demolish the housing accommodation. To establish this
good cause in an eviction proceeding, the landlord must establish good
faith to demolish the housing accommodation by clear and convincing
evidence (good cause for eviction under paragraph h of subdivision 1 of
section 216 of the Real Property Law): ___;
M. The landlord is not renewing the lease because the landlord seeks in
good faith to withdraw the unit from the housing rental market. To
establish this good cause in an eviction proceeding, the landlord must
establish good faith to withdraw the unit from the rental housing market
by clear and convincing evidence (good cause for eviction under
paragraph i of subdivision 1 of section 216 of the Real Property Law):
___;
N. The landlord is not renewing the lease because the tenant has failed
to agree to reasonable changes at lease renewal, including reasonable
increases in rent, and the landlord gave written notice of the changes
to the lease to the tenant at least 30 days, but no more than 90 days,
before the current lease expired. A rent increase is presumptively
unreasonable if the increase from the prior rent is greater than the
lower of: (a) 5 percent plus the annual percentage change in the
consumer price index for all urban consumers for all items as published
by the United States Bureau of Labor Statistics for the region in which
the housing accommodation is located, as published by August 1st of each
year by the Division of Housing and Community Renewal; or (b) 10 percent
(good cause for eviction under paragraph j of subdivision 1 of section
216 of the Real Property Law):___.

* NB Effective August 18, 2024

*NB Repealed June 15, 2034