No, this legislation seeks to codify the grounds for eviction upon which Albany City Court judges rule. For more information about the procedure to obtain a judicial warrant of eviction, please visit: Evicting a Tenant | NY CourtHelp (nycourts.gov).
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The proposed good cause eviction legislation codifies an existing practice in Albany City Court landlord-tenant proceedings wherein a landlord seeks a judicial warrant of eviction against their tenant. This legislation will prevent landlords from removing their tenants without first obtaining an order from an Albany City Court judge. Good cause eviction law flips the script. Under a good cause eviction statute, each tenant in the City of Albany will be entitled to a renewal lease and protection against an unconscionable rent hike, unless the landlord can substantiate a good cause for the tenant’s eviction. The proposed legislation outlines common sense and practical grounds for eviction. A landlord must satisfy only one of the grounds for eviction before a judge may grant the warrant of eviction against the tenant.
The proposed grounds for eviction are as follows:
No, the proposed legislation does not provide for rent control. Rent control limits rent rates in a city and most rent control legislation caps the maximum amount of rent that a landlord can charge a tenant for occupancy of a unit as well as the amount that the rent may be increased per year. No provision in the proposed good cause eviction legislation limits a landlord’s ability to increase rent. The proposed legislation does, however, prevent a landlord from evicting a tenant who fails to pay rent after a landlord has unjustifiably increased the rent. A landlord may justify a rent increase if the landlord has made improvements or repairs to the premises.
Yes, this legislation provides a landlord with the right to evict a tenant who causes a nuisance on the premises.
The Housing Stability and Tenant Protection Act (HSTPA) provides for statewide rent regulation in that it prohibits a landlord from evicting a tenant for filing a complaint on a code violation against the landlord; creates a crime of unlawful eviction, where a landlord illegally locks a tenant out of the premises or uses force to evict a tenant; requires a landlord to provide notice to their tenant if the landlord intends to increase the rent more than five (5) percent or does not intend to renew the tenant’s lease; limits security deposits to one month’s rent and provides procedures to ensure the security deposit is promptly returned to the tenant; and strengthens protections for tenants against retaliatory evictions, among other provisions.
The proposed good cause eviction legislation builds upon the HSTPA but is wholly separate. The HSTPA applies to all landlord-tenant relationships in the State of New York; the protections found in this proposed legislation will apply only to eviction proceedings where the subject property is located in the City of Albany. The HSTPA does not codify any grounds for eviction. This legislation seeks to fill that gap, so that landlords and tenants who rent in the City of Albany will be on notice of the rules and expectations.
No, nothing in this legislation will prevent a landlord from increasing rent charges to a tenant. If the landlord increases rent and the tenant fails to pay the increased rent, the landlord may commence an eviction based on the tenant’s failure to pay rent. The reason and the justification for the increase to the rent will be reviewed by an Albany City Court judge. If the landlord can justify the rent increase, the landlord will be entitled to a warrant of an eviction against the tenant. If, on the other hand, the landlord is unable to justify the rent increase, the fact that the increase is unjustified will present the tenant with a defense to the eviction proceeding.
No, nothing in this legislation will prevent a landlord from negotiating with their tenant. This legislation is aimed at codifying existing grounds for eviction in eviction proceedings. A tenant may agree to vacate the premises on terms that are agreeable to the landlord.
Under the new rules, an ROP will list two years instead of two and a half years.
No, the $50 per unit fee set in 2013 will remain the same, though in future years the Building Department will have the authority to increase fees up to 5% in a given year to cover increased administrative costs.
No, units will have to comply with the NYS Building Code and Albany City Code as they always have, though the Building Department will have the authority to revoke an ROP where there has been a willful noncompliance with a notice of violation concerning health and safety violations at the unit.
The Building Department will be able to revoke a Residential Occupancy Permit in cases where there are significant health and safety violations at the property which the property owner willfully fails to address after receiving a notice of violation. If a property owner makes or is making a good faith effort to address the violations or is prevented from making repairs, the Residential Occupancy Permit will not be revoked and if a Residential Occupancy Permit is revoked it may be re-issued after the unit passes a new Residential Occupancy Permit inspection.
There are two. First, the Residential Occupancy Permit will have to be posted conspicuously at the property. This will make it easier for first responders to reach the owner in the event of an emergency and help the Building Department to better coordinate with property owners to resolve code violations without issuing citations. Second, if a property owner is seeking eviction in Albany City Court, a copy of the ROP will have to be submitted along with the eviction paperwork. This will avoid delays later in the eviction proceeding.