NYC Good Cause Eviction Law Explained (2025 Guide)

New York's Good Cause Eviction Law gives tenants powerful protections against unreasonable evictions and excessive rent increases. Here's everything you need to know about who qualifies, what the law covers, and how to use it in Housing Court.

What Is Good Cause Eviction?

Good Cause Eviction is a state law that protects tenants who aren't already covered by rent stabilization or other housing programs. Under the law:

• Landlords can't evict you without a valid reason — they must prove "good cause" in court
• Rent increases are capped — currently at 8.79% or the rate of inflation, whichever is lower
• You have the right to renew your lease — landlords can't simply refuse to renew without cause

Who Qualifies for Good Cause Protection?

You're covered by Good Cause Eviction if:

1. You're a residential tenant in New York State
2. Your unit is NOT already covered by rent stabilization, rent control, or certain subsidized housing programs
3. Your household income is at or below 80% of the Area Median Income (AMI)
4. Your landlord owns 10 or more residential units (smaller landlords are exempt)

What Counts as "Good Cause" for Eviction?

Under the law, landlords can only evict tenants for specific reasons. Valid grounds include:

• Nonpayment of rent — You failed to pay rent after receiving a proper demand
• Lease violations — You violated a substantial term of your lease
• Nuisance — You're creating a nuisance that substantially affects other tenants' safety or comfort
• Illegal use — You're using the apartment for illegal purposes
• Denial of access — You unreasonably refused the landlord lawful access
• Owner occupancy — The landlord (a natural person, not a company) intends to occupy the unit as their primary residence

The landlord must prove the good cause in court — simply alleging it isn't enough.

What Doesn't Count as Good Cause?

Landlords cannot evict you simply because:

• Your lease expired
• They want to raise the rent beyond the legal cap
• They want a different tenant
• They want to sell the building with vacant units
• You complained about conditions or exercised your legal rights (this would be retaliation)

The 8.79% Rent Increase Cap

One of the most significant protections is the limit on rent increases. The cap is set at the lower of:

• 10%, or
• 5% plus the Consumer Price Index (CPI) increase

For 2025, this means rent increases above 8.79% are presumptively unreasonable. If your landlord tried to raise your rent more than this and you couldn't afford it, you may have a defense to a nonpayment case.

How to Raise Good Cause as a Defense

If you're facing eviction and believe you have Good Cause protection, you should:

1. File an Answer — Respond to the eviction petition and assert Good Cause as an affirmative defense
2. Gather evidence — Collect documents showing your income, the landlord's ownership of 10+ units, and any unreasonable rent demands
3. Appear in court — Present your defense at your Housing Court hearing
4. Force the landlord to prove their case — They must establish good cause; you don't have to prove your innocence

Good Cause and Nonpayment Cases

If you're being sued for nonpayment, Good Cause can still help. For example:

• If the landlord raised rent above the legal cap and you refused to pay the excess, that's not a proper basis for eviction
• If you paid what you believe is the lawful rent (the old rent or the old rent plus 8.79%), you can argue you're not in default
• You can raise the excessive rent increase as a defense and potentially get the rent recalculated

Good Cause and Holdover Cases

In a holdover case (where the landlord claims your right to occupy has ended), Good Cause is especially powerful:

• The landlord must prove one of the enumerated grounds for eviction
• If your lease expired but you've continued paying rent, that alone is not good cause
• If the landlord refused to renew your lease without a valid reason, you have a defense

Exemptions from Good Cause

Not everyone is covered. The law does NOT apply to:

• Units already covered by rent stabilization, rent control, or other protections
• Tenants in buildings with fewer than 10 units (unless the landlord owns 10+ units in total)
• Tenants whose household income exceeds 80% of AMI
• Some new construction buildings (certificates of occupancy after certain dates)
• Owner-occupied buildings with 10 or fewer units

What to Do If You're Facing Eviction

1. Don't ignore the court papers — Respond by filing an Answer
2. Check if you qualify — Look at your income, your landlord's portfolio, and your building type
3. Raise the defense — Include Good Cause as an affirmative defense in your Answer
4. Gather documentation — Proof of income, lease, rent payment history, and any correspondence about rent increases
5. Seek legal help — You may qualify for free legal representation through Right to Counsel (call 311)

Resources

• Good Cause Eviction Law (Full Text)
• NYC Housing Court
• Housing Court Answers Hotline
• Met Council on Housing

This guide is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.