N.Y.
Real Property Law Section 231-C
Good cause eviction law notice
1.
A landlord as defined in subdivision two of § 211 (Definitions)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 § 226-C (Notice of rent increase or non-renewal of residential tenancy)section two hundred twenty-six-c of this article, notice required pursuant to subdivision two of Real Property Actions & Proceedings Law § 711 (Grounds where landlord-tenant relationship exists)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 Real Property Law § 213 (Voluntary participation by local governments outside the city of New York)section 213 of the Real Property Law ___; B. Unit is owned by a “small landlord,” as defined in subdivision 3 of Real Property Law § 211 (Definitions)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)section 214 of the Real Property Law) ___; H. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of General Obligations Law § 7-108 (Deposits made by tenants of non-rent stabilized dwelling units)section 7-108 of the General Obligations Law (exemption under subdivision 9 of Real Property Law § 214 (Covered housing accommodations)section 214 of the Real Property Law) ___; I. Unit is in a hospital as defined in subdivision 1 of Public Health Law § 2801 (Definitions)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 Real Property Law § 214 (Covered housing accommodations)section 214 of the Real Property Law) ___; J. Unit is a manufactured home located on or in a manufactured home park as defined in Real Property Law § 233 (Manufactured home parks)section 233 of the Real Property Law (exemption under subdivision 11 of Real Property Law § 214 (Covered housing accommodations)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 Multiple Dwelling Law § 4 (Definitions)section 4 of the Multiple Dwelling Law (exemption under subdivision 12 of Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 211 (Definitions)section 211 of the Real Property Law (exemption under subdivision 15 of Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 214 (Covered housing accommodations)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 211 (Definitions)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)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 Real Property Law § 216 (Grounds for removal of tenants)section 216 of the Real Property Law):___. * NB Effective August 18, 2024 *NB Repealed June 15, 2034
Source:
Section 231-C — Good cause eviction law notice, https://www.nysenate.gov/legislation/laws/RPP/231-C (updated May 3, 2024; accessed May 18, 2024).
