§ 231-C — Good cause eviction law notice

New York § 231-C

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

* § 231-c. Good cause eviction law notice. 1. A landlord as defined in\nsubdivision two of section two hundred eleven of this chapter shall\nappend to or incorporate into any initial lease, renewal lease, notice\nrequired pursuant to paragraph (a) of subdivision one of section two\nhundred twenty-six-c of this article, notice required pursuant to\nsubdivision two of section seven hundred eleven of the real property\nactions and proceedings law, or petition pursuant to section seven\nhundred forty one of the real property actions and proceedings law, the\nfollowing notice:\nNOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK\nSTATE GOOD CAUSE EVICTION LAW\nThis notice from your landlord serves to inform you of whether or not\nyour unit/apartment/home is covered by the New York State Good Cause\nEviction Law (Article 6-A of the Real Property Law) and, if applicable,\nthe reason permitted under the New York State Good Cause Eviction Law\nthat your landlord is not renewing your lease. Even if your apartment is\nnot protected by Article 6-A, known as the New York State Good Cause\nEviction Law, you may have other rights under other local, state, or\nfederal laws and regulations concerning rents and evictions. This\nnotice, which your landlord is required to fill out and give to you,\ndoes not constitute legal advice. You may wish to consult a lawyer if\nyou have any questions about your rights under the New York State Good\nCause Eviction Law or about this notice.\nNOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)\nUNIT INFORMATION\nSTREET:\n_______________________________________________________________________\nUNIT OR APARTMENT NUMBER:\n_______________________________________________________________________\nCITY/TOWN/VILLAGE:\n_______________________________________________________________________\nSTATE:\n_______________________________________________________________________\nZIP CODE:\n_______________________________________________________________________\n1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN\nAS THE NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE\nANSWER)\nYES ___\nNO ___\n2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW,\nKNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT\nFROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS)\nA. Village/Town/City outside of New York City has not adopted good cause\neviction under section 213 of the Real Property Law ___;\nB. Unit is owned by a "small landlord," as defined in subdivision 3 of\nsection 211 of the Real Property Law, who owns no more than 10 units for\nsmall landlords located in New York City or the number of units\nestablished as the maximum amount a "small landlord" can own in the\nstate by a local law of a village, town, or city, other than New York\nCity, adopting the provisions of Article 6-A of the Real Property Law,\nknown as the New York State Good Cause Eviction Law, or no more than 10\nunits, as applicable. In connection with any eviction proceeding in\nwhich the landlord claims an exemption from the provisions of Article\n6-A of the Real Property Law, known as the New York State Good Cause\nEviction Law, on the basis of being a small landlord, the landlord shall\nprovide to the tenant or tenants subject to the proceeding the name of\neach natural person who owns or is a beneficial owner of, directly or\nindirectly, in whole or in part, the housing accommodation at issue in\nthe proceeding, the number of units owned, jointly or separately, by\neach such natural person owner, and the addresses of any such units,\nexcluding each natural person owner's principal residence. If the\nlandlord is an entity, organized under the laws of this state or of any\nother jurisdiction, then such landlord shall provide to the tenant or\ntenants subject to the proceeding the name of each natural person with a\ndirect or indirect ownership interest in such entity or any affiliated\nentity, the number of units owned, jointly or separately, by each such\nnatural person owner, and the addresses of any such units, excluding\neach natural person owner's principal residence (exemption under\nsubdivision 1 of section 214 of the Real Property Law) ___;\nC. Unit is located in an owner-occupied housing accommodation with no\nmore than 10 units (exemption under subdivision 2 of section 214 of the\nReal Property Law) ___;\nD. Unit is subject to regulation of rents or evictions pursuant to\nlocal, state, or federal law (exemption under subdivision 5 of section\n214 of the Real Property Law)___;\nE. Unit must be affordable to tenants at a specific income level\npursuant to statute, regulation, restrictive declaration, or pursuant to\na regulatory agreement with a local, state, or federal government entity\n(exemption under subdivision 6 of section 214 of the Real Property Law)\n___;\nF. Unit is on or within a housing accommodation owned as a condominium\nor cooperative, or unit is on or within a housing accommodation subject\nto an offering plan submitted to the office of the attorney general\n(exemption under subdivision 7 of section 214 of the Real Property Law)\n___;\nG. Unit is in a housing accommodation that was issued a temporary or\npermanent certificate of occupancy within the past 30 years (only if\nbuilding received the certificate on or after January 1st, 2009)\n(exemption under subdivision 8 of section 214 of the Real Property Law)\n___;\nH. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of\nsection 7-108 of the General Obligations Law (exemption under\nsubdivision 9 of section 214 of the Real Property Law) ___;\nI. Unit is in a hospital as defined in subdivision 1 of section 2801 of\nthe Public Health Law, continuing care retirement community licensed\npursuant to Article 46 or 46-A of the Public Health Law, assisted living\nresidence licensed pursuant to Article 46-B of the Public Health Law,\nadult care facility licensed pursuant to Article 7 of the Social\nServices Law, senior residential community that has submitted an\noffering plan to the attorney general, or not-for-profit independent\nretirement community that offers personal emergency response,\nhousekeeping, transportation and meals to their residents (exemption\nunder subdivision 10 of section 214 of the Real Property Law) ___;\nJ. Unit is a manufactured home located on or in a manufactured home park\nas defined in section 233 of the Real Property Law (exemption under\nsubdivision 11 of section 214 of the Real Property Law) ___;\nK. Unit is a hotel room or other transient use covered by the definition\nof a class B multiple dwelling under subdivision 9 of section 4 of the\nMultiple Dwelling Law (exemption under subdivision 12 of section 214 of\nthe Real Property Law) ___;\nL. Unit is a dormitory owned and operated by an institution of higher\neducation or a school (exemption under subdivision 13 of section 214 of\nthe Real Property Law) ___;\nM. Unit is within and for use by a religious facility or institution\n(exemption under subdivision 14 of section 214 of the Real Property Law)\n___;\nN. Unit has a monthly rent that is greater than the percent of fair\nmarket rent established in a local law of a village, town, or city,\nother than New York City, adopting the provisions of Article 6-A of the\nReal Property Law, known as the New York Good Cause Eviction Law, or 245\npercent of the fair market rent, as applicable. Fair market rent refers\nto the figure published by the United States Department of Housing and\nUrban Development, for the county in which the housing accommodation is\nlocated, as shall be published by the Division of Housing and Community\nRenewal no later than August 1st in any given year. The Division of\nHousing and Community Renewal shall publish the fair market rent and 245\npercent of the fair market rent for each unit type for which such fair\nmarket rent is published by the United States Department of Housing and\nUrban Development for each county in New York State in the annual\npublication required pursuant to subdivision 7 of section 211 of the\nReal Property Law (exemption under subdivision 15 of section 214 of the\nReal Property Law) ___;\n3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,\nKNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE\nSERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE\nTHE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE\nLANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR\nPRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is\npresumptively unreasonable if the increase from the prior rent is\ngreater than the lower of: (a) 5 percent plus the annual percentage\nchange in the consumer price index for all urban consumers for all items\nas published by the United States Bureau of Labor Statistics for the\nregion in which the housing accommodation is located, as published not\nlater than August 1st of each year by the Division of Housing and\nCommunity Renewal; or (b) 10 percent.) (PLEASE MARK AND FILL OUT THE\nAPPLICABLE RESPONSE)\nA. The rent is not being increased above the threshold for presumptively\nunreasonable rent increases described above: ___;\nB. The rent is being increased above the threshold for presumptively\nunreasonable rent increases described above: ___;\nB-1: If the rent is being increased above the threshold for\npresumptively unreasonable rent increases described above, what is the\njustification for the increase:\n_________________________________________________________________________\n_________________________________________________________________________\n_________________________________________________________________________\n_________________________________________________________________________\n4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,\nKNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE\nSERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE,\nWHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL\nAPPLICABLE REASONS)\nA. This unit is exempt from Article 6-A of the Real Property Law, known\nas the New York State Good Cause Eviction Law, for the reasons stated in\nresponse to question 2, above (IF THIS ANSWER IS CHECKED, NO OTHER\nANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;\nB. The tenant is receiving this notice in connection with a first lease\nor a renewal lease, so the landlord does not need to check any of the\nlawful reasons listed below for not renewing a lease under Article 6-A\nof the Real Property Law, known as the New York State Good Cause\nEviction Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS\nQUESTION SHOULD BE CHECKED) ___;\nC. The landlord is not renewing the lease because the unit is sublet and\nthe sublessor seeks in good faith to recover possession of the unit for\ntheir own personal use and occupancy (exemption under subdivision 3 of\nsection 214 of the Real Property Law): ___;\nD. The landlord is not renewing the lease because the possession, use or\noccupancy of the unit is solely incident to employment and the\nemployment is being or has been lawfully terminated (exemption under\nsubdivision 4 of section 214 of the Real Property Law): ___;\nE. The landlord is not renewing the lease because the tenant has failed\nto pay rent due and owing, and the rent due or owing, or any part\nthereof, did not result from a rent increase which is unreasonable. A\nrent increase is presumptively unreasonable if the increase from the\nprior rent is greater than the lower of: (a) 5 percent plus the annual\npercentage change in the consumer price index for all urban consumers\nfor all items as published by the United States Bureau of Labor\nStatistics for the region in which the housing accommodation is located,\nas published not later than August 1st of each year by the Division of\nHousing and Community Renewal; or (b) 10 percent (good cause for\neviction under paragraph a of subdivision 1 of section 216 of the Real\nProperty Law): ___;\nF. The landlord is not renewing the lease because the tenant is\nviolating a substantial obligation of their tenancy or breaching any of\nthe landlord's rules and regulations governing the premises, other than\nthe obligation to surrender possession of the premises, and the tenant\nhas failed to cure the violation after written notice that the violation\nmust cease within 10 days of receipt of the written notice. For this\ngood cause to apply, the obligation the tenant violated cannot be an\nobligation that was imposed for the purpose of circumventing the intent\nof Article 6-A of the Real Property Law, known as the New York State\nGood Cause Eviction Law. The landlord's rules or regulations that the\ntenant has violated also must be reasonable and have been accepted in\nwriting by the tenant or made a part of the lease at the beginning of\nthe lease term (good cause for eviction under paragraph b of subdivision\n1 of section 216 of the Real Property Law): ___;\nG. The landlord is not renewing the lease because the tenant is either\n(a) committing or permitting a nuisance on the unit or the premises; (b)\nmaliciously or grossly negligently causing substantial damage to the\nunit or the premises; (c) interfering with the landlord's, another\ntenant's, or occupants of the same or an adjacent building or\nstructure's comfort and safety (good cause for eviction under paragraph\nc of subdivision 1 of section 216 of the Real Property Law): ___;\nH. The landlord is not renewing the lease because the tenant's occupancy\nof the unit violates law and the landlord is subject to civil or\ncriminal penalties for continuing to let the tenant occupy the unit. For\nthis good cause to apply, a state or municipal agency having\njurisdiction must have issued an order requiring the tenant to vacate\nthe unit. No tenant shall be removed from possession of a unit on this\nbasis unless the court finds that the cure of the violation of law\nrequires the removal of the tenant and that the landlord did not,\nthrough neglect or deliberate action or failure to act, create the\ncondition necessitating the vacate order. If the landlord does not try\nto cure the conditions causing the violation of the law, the tenant has\nthe right to pay or secure payment, in a manner satisfactory to the\ncourt, to cure the violation. Any tenant expenditures to cure the\nviolation shall be applied against rent owed to the landlord. Even if\nremoval of a tenant is absolutely essential to the tenant's health and\nsafety, the tenant shall be entitled to resume possession at such time\nas the dangerous conditions have been removed. The tenant also retains\nthe right to bring an action for monetary damages against the landlord\nor to otherwise compel the landlord to comply with all applicable state\nor municipal housing codes (good cause for eviction under paragraph d of\nsubdivision 1 of section 216 of the Real Property Law): ___;\nI. The landlord is not renewing the lease because the tenant is using or\npermitting the unit or premises to be used for an illegal purpose (good\ncause for eviction under paragraph e of subdivision 1 of section 216 of\nthe Real Property Law): ___;\nJ. The landlord is not renewing the lease because the tenant has\nunreasonably refused the landlord access to the unit for the purposes of\nmaking necessary repairs or improvements required by law or for the\npurposes of showing the premises to a prospective purchaser, mortgagee,\nor other person with a legitimate interest in the premises (good cause\nfor eviction under paragraph f of subdivision 1 of section 216 of the\nReal Property Law): ___;\nK. The landlord is not renewing the lease because the landlord seeks in\ngood faith to recover possession of the unit for the landlord's personal\nuse and occupancy as the landlord's principal residence, or for the\npersonal use and occupancy as a principal residence by the landlord's\nspouse, domestic partner, child, stepchild, parent, step-parent,\nsibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The\nlandlord can only recover the unit for these purposes if there is no\nother suitable housing accommodation in the building that is available.\nUnder no circumstances can the landlord recover the unit for these\npurposes if the tenant is (a) 65 years old or older; or (b) a "disabled\nperson" as defined in subdivision 6 of section 211 of the Real Property\nLaw. To establish this good cause in an eviction proceeding, the\nlandlord must establish good faith to recover possession of a housing\naccommodation for the uses described herein by clear and convincing\nevidence (good cause for eviction under paragraph g of subdivision 1 of\nsection 216 of the Real Property Law): ___;\nL. The landlord is not renewing the lease because the landlord in good\nfaith seeks to demolish the housing accommodation. To establish this\ngood cause in an eviction proceeding, the landlord must establish good\nfaith to demolish the housing accommodation by clear and convincing\nevidence (good cause for eviction under paragraph h of subdivision 1 of\nsection 216 of the Real Property Law): ___;\nM. The landlord is not renewing the lease because the landlord seeks in\ngood faith to withdraw the unit from the housing rental market. To\nestablish this good cause in an eviction proceeding, the landlord must\nestablish good faith to withdraw the unit from the rental housing market\nby clear and convincing evidence (good cause for eviction under\nparagraph i of subdivision 1 of section 216 of the Real Property Law):\n___;\nN. The landlord is not renewing the lease because the tenant has failed\nto agree to reasonable changes at lease renewal, including reasonable\nincreases in rent, and the landlord gave written notice of the changes\nto the lease to the tenant at least 30 days, but no more than 90 days,\nbefore the current lease expired. A rent increase is presumptively\nunreasonable if the increase from the prior rent is greater than the\nlower of: (a) 5 percent plus the annual percentage change in the\nconsumer price index for all urban consumers for all items as published\nby the United States Bureau of Labor Statistics for the region in which\nthe housing accommodation is located, as published by August 1st of each\nyear by the Division of Housing and Community Renewal; or (b) 10 percent\n(good cause for eviction under paragraph j of subdivision 1 of section\n216 of the Real Property Law):___.\n *NB Repealed June 15, 2034\n