Skip to main content
518 evictions

Good Cause Eviction compliance for Capital Region landlords

Outside New York City, the Good Cause Eviction Law applies only where a city, town, or village adopts it (RPL 213(1)). In a covered home, a landlord can remove a tenant only by court order on a ground the law lists (RPL 215, 216(1)). As of September 29, 2026, the City of Albany and the City of Troy had opted in among Albany, Schenectady, Rensselaer, and Saratoga counties (RPL 213(1)).

Start your caseStart your case

Where the Good Cause Eviction Law applies

New York City is covered by the statute itself (RPL 212). Everywhere else, the law reaches only a city, town, or village whose legislative body adopts it by local law (RPL 213(1)). If a town and a village inside it both adopt it, the town’s law doesn’t apply within the village (RPL 213(3)).

As of September 29, 2026, the City of Albany and the City of Troy were the only municipalities in Albany, Schenectady, Rensselaer, and Saratoga counties to have adopted it (RPL 213(1)). DHCR, the state housing agency, publishes a yearly list of municipalities that have opted in; its newest list is current as of May 4, 2026, and it can trail a local law that has already been filed (RPL 213(5), (6)). On that date, the law didn’t apply in places such as the Town of Colonie or the City of Saratoga Springs (RPL 213(1)). Leases, renewals, non-renewal notices, rent demands, and petitions there still have to carry the Good Cause notice (RPL 231-c(1); RPAPL 711(2), 741(5-a)).

The two local choices

A municipality that opts in can set the rent level above which a unit is exempt, as a percent of fair market rent, and the number of units a small landlord may own. If it doesn’t, the state’s figures apply: 245 percent of fair market rent and ten units (RPL 213(2)). The City of Albany and the City of Troy each chose 345 percent of fair market rent and a limit of one unit in New York State (Albany City Code § 231-139(B), (C); Troy City Code §§ 46-3, 46-4). DHCR publishes each county’s fair market rent by August 1 of each year (RPL 214(15)).

Good Cause exemptions, and who the law covers

Where the law applies, it covers every housing accommodation, including homes in a mixed-use building, except the kinds the statute exempts (RPL 211(1), 214). Among the exemptions that come up for Capital Region landlords:

  • Property owned by a small landlord (RPL 214(1)). The unit count looks through to each natural person who owns the property, directly or indirectly, and an entity that can’t name all of its natural-person owners doesn’t qualify (RPL 211(3)(b), (c)). A landlord who claims this exemption in an eviction case has to give the tenants those owners’ names, how many units each owns, and where those units are, leaving out each owner’s principal residence (RPL 214(1)).
  • A building of ten units or fewer that the owner lives in (RPL 214(2)).
  • A building whose temporary or permanent certificate of occupancy was issued on or after January 1, 2009, for 30 years after it was issued (RPL 214(8)).
  • A unit renting above the municipality’s fair-market-rent threshold (RPL 214(15)).
  • A unit already subject to rent or eviction regulation, or one that must be affordable at a set income level under a statute, regulation, or government agreement (RPL 214(5), (6)).
  • A condominium or cooperative unit, or one subject to an offering plan filed with the Attorney General (RPL 214(7)).

The statute lists others, including seasonal units, manufactured homes in a manufactured home park, a unit occupied solely because of a job that is being or has been lawfully ended, and a sublet unit the sublessor seeks in good faith for personal use (RPL 214(3), (4), (9), (11)).

Who counts as a tenant

The law protects a tenant, subtenant, lessee, or anyone else entitled to lawful possession of the home. It excludes a person with no landlord-tenant relationship, as defined by the grounds in RPAPL 713, and a tenant’s roommate whom the landlord never agreed, expressly or by implication, to accept as a rent-paying resident living there as a primary home (RPL 211(4)). For those cases, see licensee and squatter removal.

The grounds for removing a tenant

In a covered home, a landlord can remove a tenant only by a court order in a case where the landlord has established one of the grounds the law lists, each with conditions the statute sets, even if the tenant has no written lease or the lease has ended (RPL 215, 216(1)).

The tenant’s conduct

Unpaid rent, unless it came from an unreasonable increase; a substantial lease violation not cured within ten days of written notice to stop; a nuisance or serious damage; occupancy that violates the law, where an agency has ordered the tenant to vacate; an illegal use; or an unreasonable refusal of access for required repairs or showings (RPL 216(1)(a) to (f)).

The landlord’s plans

Good-faith personal use as a principal residence by the landlord or a listed family member, when no other suitable unit in the building is available, demolition, or withdrawing the unit from the rental market, each proved by clear and convincing evidence (RPL 216(1)(g), (h), (i)). Personal use isn’t a ground against a tenant who is 65 or older or disabled (RPL 216(1)(g)).

The terms at renewal

Turning down reasonable new lease terms, a rent increase that isn’t unreasonable among them, when the landlord gave written notice of the terms no fewer than 30 and no more than 90 days ahead of the lease’s expiration (RPL 216(1)(j)).

A tenant made to leave on the personal-use, demolition, or withdrawal ground can sue over a fraudulent statement about that plan (RPL 216(2)), and a lease clause that waives the law’s protections is void (RPL 218).

How the law treats a rent increase

The law sets no cap on rent. It makes a presumption: in a case for unpaid rent, an increase in any calendar year above the local rent standard is presumed unreasonable, and the presumption is rebuttable. An increase at or below the standard isn’t deemed unreasonable (RPL 216(1)(a)(i)).

The local rent standard is the lower of ten percent and the inflation index, which is five percent plus the yearly change in the consumer price index; for an opted-in municipality in Albany, Schenectady, Rensselaer, and Saratoga counties, it uses the Northeast Region consumer price index (RPL 211(7), (8)). DHCR publishes it by August 1 of each year (RPL 211(7)).

When a court weighs an increase, it may consider costs such as fuel, utilities, insurance, and maintenance, and it must consider property taxes and recent tax increases. It can also consider an increase on renewal to reflect significant repairs that weren’t caused by poor maintenance; painting, decorating, and minor repairs don’t count (RPL 216(1)(a)(ii)). Separate charges for things such as parking or storage aren’t rent, unless they are imposed or raised to get around the law (RPL 211(5)).

The Good Cause notice and the rest of the paperwork

Every lease, renewal, non-renewal notice, rent demand, and eviction petition must append or contain the state’s Good Cause notice, which says whether the unit is covered and, if not, why (RPL 231-c(1)). The notices page explains which papers carry it and what it states.

In a covered home, no case can go forward and no judgment of possession can be entered unless the landlord has followed the laws on the case and on notice to tenants, including how and when each notice was served and what it said (RPL 217).

What we check in a Good Cause case

For property in a Good Cause municipality, we check whether the law covers the rental and follow what it requires, as part of your case (RPL Article 6-A). That means looking at the property and its owners against the exemptions, at the tenant’s status, and at which ground, if any, the facts support, before any notice goes out.

The case itself is a nonpayment case when rent is unpaid, or a holdover case on the other grounds. We represent landlords in courts across Albany, Schenectady, Rensselaer, and Saratoga counties, and our attorney decides whether to accept each case after reviewing it; how it works describes the steps.

Fees for a case in a Good Cause municipality

A residential case is a flat-fee case. In a Good Cause municipality, the flat fee includes checking whether the law covers the rental and meeting its requirements for the notices and court papers. Additional costs apply only if your case needs them. Our pricing page explains:

Frequently asked questions

How do I know whether Good Cause Eviction covers my rental?

The law covers a rental only if the property is in a municipality that has adopted it and the unit isn’t exempt (RPL 213(1), 214). As of September 29, 2026, the City of Albany and the City of Troy were the opted-in municipalities in Albany, Schenectady, Rensselaer, and Saratoga counties (RPL 213(1)), and DHCR’s list can trail a new local law (RPL 213(5), (6)). Even then, the small-landlord, owner-occupied, newer-building, and high-rent exemptions, among others, can exempt a unit (RPL 214(1), (2), (8), (15)).

Am I a small landlord in Albany or Troy?

Both cities set the limit at one unit in New York State (Albany City Code § 231-139(C); Troy City Code § 46-4). The count looks through an LLC or other entity to each natural person who owns it, and an entity that can’t name them doesn’t qualify (RPL 211(3)). Claiming the exemption in a case means giving the tenants the owners’ names and their other units’ addresses (RPL 214(1)).

Is there a cap on rent increases under Good Cause Eviction?

No. An increase above the local rent standard, the lower of ten percent and five percent plus the yearly change in the consumer price index, is presumed unreasonable in a case for unpaid rent, and the landlord can rebut it (RPL 211(7), (8), 216(1)(a)). In a covered home, turning down a reasonable increase is one of the listed grounds, if the landlord gave written notice of it within the statute’s window before the lease expired (RPL 216(1)(j)).

Can a lease end without a reason in a covered home?

In a covered home, the end of a lease, or the lack of a written one, isn’t by itself a ground for removal; a court has to find that one of the listed grounds exists (RPL 215, 216(1)). The non-renewal notice is still required, with the Good Cause notice and, for a covered unit, the lawful basis for not renewing (RPL 226-c(1)(a)).

Can my lease say the tenant gives up Good Cause protections?

No. A clause in a lease or other rental agreement that waives or modifies a tenant’s rights under the law is void (RPL 218).

This page gives general information, not legal advice about your case. We represent you only after our attorney accepts your case and confirms it in writing. See our disclaimer.

Tell us about the property

Email us the property’s address, the owner’s name, and the name of every tenant and adult occupant. Have the lease, and the owners of any LLC that holds the property, at hand; for a City of Albany rental, also its current Residential Occupancy Permit or Certificate of Occupancy. If our attorney accepts your case, we prepare the notice or petition that comes next.

Start your case