Topics: Tenant & Rent, Violations & Enforcement

NYC Good Cause Eviction Law: Who It Covers, Rent Increase Caps, and Eviction Protections

9 min read · Updated 2026-08-13

NYC Good Cause Eviction law: which tenants are protected, the 8.38% rent-increase cap, what counts as "good cause" for non-renewal, and small-landlord exemptions.

Good Cause Eviction Protections

What is the NYC Good Cause Eviction law?

New York's Good Cause Eviction law (enacted in the 2024 state housing legislation package and effective in NYC on April 20, 2024) extends certain protections to free-market renters who were previously unprotected by rent stabilization laws. The law makes it harder for landlords to non-renew leases without a qualifying good cause, and limits how much rent can be increased before a non-renewal becomes a de facto forced eviction. It fills a gap where tenants who weren't in stabilized apartments had virtually no protection from lease non-renewal.

Who is protected by Good Cause Eviction in NYC?

The law broadly covers residential tenants in NYC who are not already protected by rent stabilization. Key exemptions include: small landlords who own 10 or fewer units statewide; new construction with a certificate of occupancy issued after 2009 (exempt for 30 years from the CO date); units renting above 245% of the applicable fair market rent; owner-occupied buildings of 10 or fewer units; individual condominium or cooperative units; and units that are already rent-regulated. Because so many small and owner-occupied buildings are carved out, confirm your building's status carefully before relying on the law.

What is the rent increase cap under Good Cause Eviction?

A rent increase is presumptively unreasonable — and cannot alone justify a non-renewal — if it exceeds the lower of 10% or the "local rent standard," which is 5% plus the regional Consumer Price Index (CPI). DHCR republishes the standard each August 1. The standard published in August 2025 was 8.38% (5% plus a 3.38% CPI), so increases above the lower of 10% or 8.38% are presumptively unreasonable; the 2026 figure was due to update imminently, so always check DHCR's current published number. If a landlord can't show a lawful reason for non-renewal beyond an above-cap increase, the tenant can fight the eviction in housing court.

What constitutes "good cause" for non-renewal or eviction under the law?

Qualifying good causes include: tenant non-payment of rent; material breach of lease terms; illegal activity in the unit; the landlord or their immediate family moving into the unit; the owner intending to demolish or substantially repair the building in a way that requires the unit to be vacated; a state or federal law requires the unit to be vacated; or the unit is illegal under the building code. Wanting to rent to a different tenant, wanting to renovate without vacating, or offering a lease with a rent increase above the cap are not sufficient good causes.

Does Good Cause Eviction apply to commercial tenants?

No. The Good Cause Eviction law applies only to residential tenancies. Commercial tenants — retail stores, restaurants, offices — are not protected. NYC separately has limited protections for small commercial tenants (the Commercial Tenant Protection law of 2024), but that's a different statutory framework.

How does a landlord comply with Good Cause Eviction when not renewing a lease?

If you intend not to renew a covered tenant's lease, you must be able to state and establish a qualifying good cause. Landlords of covered units must also give tenants a Good Cause notice — using the form issued by DHCR — attached to leases, renewals, and certain eviction papers, disclosing whether the unit is covered and, if so, the basis for any rent increase. Provide proper written notice (typically 30, 60, or 90 days depending on tenancy length) specifying the ground for non-renewal. Be prepared to defend the ground in housing court if the tenant contests the non-renewal, and keep documentation of the qualifying cause — lease violations, non-payment records, or detailed owner-occupancy plans.

How do I know if my building is exempt from Good Cause Eviction?

Check the law's exemptions carefully: 10+ unit buildings without owner-occupancy are generally covered. Buildings under 10 units where the owner lives in the building are exempt. Buildings built within the last 30 years may be exempt depending on other factors. Units above a rent threshold may also be exempt. Given the complexity of the exemptions and the ongoing evolution of interpretive guidance, consulting an NYC housing attorney before making non-renewal decisions is strongly recommended.

Can Good Cause Eviction protections be waived by the tenant?

No. The protections under Good Cause Eviction cannot be waived by the tenant in a lease agreement. A lease clause that purports to waive Good Cause Eviction protections is void and unenforceable. Landlords who insert such clauses may face tenant claims and regulatory scrutiny. Any lease term that conflicts with the Good Cause Eviction law is simply unenforceable regardless of whether both parties "agreed" to it.