Legislature to consider good cause eviction law

Posted 9/1/21

In the months ahead, Ulster County lawmakers will consider a proposed Good Cause Eviction Law to protect tenants and provide clarity to landlords across Ulster County. New York State has expressly …

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Legislature to consider good cause eviction law

Posted

In the months ahead, Ulster County lawmakers will consider a proposed Good Cause Eviction Law to protect tenants and provide clarity to landlords across Ulster County. New York State has expressly excluded justifications for eviction from state law, leaving it up to municipalities to determine if further regulation is appropriate.

Proposed Local Law No. 7 of 2021, submitted by Legislator Abe Uchitelle (D–Kingston), would ensure that evictions shall only proceed in instances in which a judge determines that the property owner has good cause. The definition of good cause will be established by this legislation.

Ulster County has had the second-largest change in net in-migration in the United States in the wake of the COVID-19 pandemic. According to the Ulster County Rental Housing Survey published in 2020, the incomes of renters have not kept pace with the rising rents in Ulster County. Since 2010, the median rent in Ulster County increased by 16%, while the median household income of renters decreased by 1%.

The law is crafted to protect tenants from unfair evictions as a result of predatory rent increases and ensure landlords’ rights to evict, if they have good cause. “Too many tenants have faced skyrocketing rents as some landlords see new income opportunities as more affluent potential renters have increased the demand for an already limited housing stock,” said Legislator Uchitelle.

Examples of evictions that would be preserved in the proposed legislation: the eviction of a tenant who is violating the law or using the property for an illegal purpose; causing a nuisance or damage to the property through neglect; unreasonably refusing the landlord access to the property to make repairs; or failing to pay their rent. Failure to pay rent due to an annual rent increase over 5% would not meet the threshold of good cause and thus would not be grounds for eviction under the proposed law.

“As our county recovers from the COVID-19 pandemic, we must ensure the security of our most vulnerable residents,” said Majority Leader Jonathan Heppner (D–Woodstock). “A thoughtful policy for good cause eviction will provide renters and property-owners with a fair playing field.”

“The housing crisis in Ulster County has become unbearable for low-income residents and communities of color, and we’re grateful to see action on it,” states Alim Flowers, Lead Organizer, Citizen Action NY. He adds, “The time is now to protect the most vulnerable communities among us, and to accomplish that we must immediately move to pass Good Cause Eviction.”

“Passing Good Cause Eviction in Ulster County not only protects tenants from the threat of arbitrary eviction and unconscionable rent increases. It helps good, responsible landlords by removing the unfair market advantages that predatory landlords currently exploit,” said Brahvan Ranga, Political Coordinator, Nobody Leaves Mid-Hudson.

“The adoption and implementation of Good Cause Eviction Legislation is essential to helping stem the rising tide of gentrification and displacement that is eroding communities throughout Ulster County,” said Rashida Tyler, Co-Founder of the Ulster County Coalition for Housing Justice and Founder of the Real Kingston Tenants Union. “The benefits of Good Cause Eviction extend beyond the individual protected by the law to the community as a whole. It enables those who live, work, attend school here continue to do so and provide housing security. This is a bit of stability for struggling families and individuals.”

“I look forward to working with my colleagues on both sides of the aisle to refine this legislation so that it is fair to landlords and tenants alike” continued Legislator Uchitelle. “It is our responsibility to everyone in this community that we protect our most vulnerable and provide property owners with fair guidelines that are simply intended to prevent unethical practices that weaken our community.”