City-Wide Tenant Union of Rochester

Read on for for some mythbusting about the Eviction Reduction law (also known as Good Cause Eviction Protections and No C of O, No Eviction). Click here for an overview of the Eviction Reduction Law.

Is it legal for Rochester City Council to enact a Good Cause Local Law?

Yes. The state of New Jersey has had Good Cause for decades, and California,Oregon and Washington have versions of the bill (sometimes called Just Cause).  A local Good Cause bill  is authorized by Municipal Home Rule Law (chapter 36-a of the Consolidated Laws of the State of New York) and the General City Law (chapter 21 of the Consolidated Laws of the State of New York).  In addition, Albany, Newburgh, Poughkeepsie, Kingston and now Beacon have all passed and enacted local Good Cause Laws. Albany also has a comparable measure to No C of O, No Eviction, requiring Residential Occupancy Permits for eviction cases. The American Bar Association has urged local governments to adopt Good Cause Eviction Protections.

What about the City’s legal memo arguing Good Cause is unconstitional?

The City’s radical legal memo is illogical and challenges a 75 year legal precedent.  Their argument was that tenant protections like good cause are against the contracts and due process clause of the U.S. Constitution.  If true, this would undermine 75 years of labor protections (e.g. minimum wage), tenant protections (e.g. good cause), and homeowner protections (e.g. foreclosure protections).  While landlords frequently bring lawsuits with these arguments, they are quickly dismissed. Just in New York State multiple lawsuits on these arguments have been tossed out recently.  In addition, multiple attorneys testified the weakness of the city’s arguments at the Thursday Eviction Reduction Law hearing. 

Is Good Cause rent control? Does it prevent landlords from raising the rent, especially to cover costs? 

No. Rent control limits rent rates, usually capping the maximum amount that rent may be increased in a year. Good Cause Eviction allows the landlord to raise the rent to any level. If a tenant is unable to pay the increase and falls behind on rent, they can raise “Good Cause” as a defense in an eviction case. The landlord would then have to justify any rent increase over 5% by proving increased costs due to maintenance, improvements, or other expenses. A judge would then find the rent increase “reasonable” or “unreasonable” based on evidence provided. This is a necessary provision in the bill because otherwise landlords could circumvent the bill by using unaffordable, unreasonably high rent hikes as de facto evictions. 

Are there unintended consequences to passing the Eviction Reduction Law?

No. There is no evidence that there are unintended consequences to passing the Eviction Reduction Law. A study on Good Cause Eviction Protections in California did find that the passage of that law correlated with a reduction in evictions and eviction filing rates, therefore resulting in the intended consequence. However, there will be unintended consequences to not passing the law: research shows that evictions destabilize not just the individuals being evicted but entire communities, contributing to crises in violence, education, and public health.

Will Good Cause make it harder to evict tenants who violate their lease?

No. The process for evicting tenants for lease violations, sometimes called an “Objectionable Tenancy Evictions,” stays the same and  is not impacted by Good Cause protections.  Good Cause would put an end to “No Fault”/ “No-Cause” Evictions where Landlords terminate a tenant’s tenancy without any cause or justification.

If this legislation is enacted, will a landlord be able to evict a tenant that is creating a nuisance for other tenants or damaging the property?

Yes, this legislation provides a landlord with an explicit right to evict a tenant who causes a nuisance on the premises and/or is damaging the property.

Will the Eviction Reduction Law worsen housing quality or result in more slumlords coming to our community?

No. Slumlords seek out cities with fewer regulations, not more. This legislation will actually improve housing quality: Good Cause allows tenants to enforce their rights to safe housing without fear of eviction, and No C of O, No Eviction incentivizes landlords to maintain their properties. Currently  50% of Rochester rental units are owned by D-grade landlords (slumlords and “marginal amateurs”); the Eviction Reduction law will help combat this issue.

Does the Eviction Reduction Law  reduce the supply of housing?

No. Landlords have the ability to set “first rents” for apartments at market rates, and can therefore set them at a level that covers their construction costs and debt levels. The state of New Jersey has had Good Cause eviction protections for nearly fifty years and yet apartment construction has boomed.

Does the No Eviction Without a Certificate of Occupancy reform create a new requirement for landlords to obtain a certificate of occupancy?

No.  A Certificate of Occupancy (C of O) certifies that a property is up to code, and the City of Rochester already requires a C of O for all rentals under the Rochester City Code § 90-16 (A)(1): “No person shall permit the occupancy of a one-family rental dwelling, a building containing two or more dwelling units, or a mixed-occupancy building containing one or more dwelling units unless a valid certificate of occupancy is in effect for said building.” Currently landlords are required to apply for and obtain a new C of O within the 90 days before their current C of O expires.

Can the Eviction Reduction Law be currently enforced effectively in Rochester City Court? 

Yes. The Eviction Reduction Law can be effectively enforced in City Court. In fact, Good Cause is already regularly enforced for the 20% of tenants in Rochester who currently have the protections. In addition, Albany City Court  enforces a similar measure to No Eviction Without a Certificate of Occupancy for Residential Occupancy Permits (ROPs). If the eviction petition papers have the proper documents (including the ROP), the Albany City Court Clerk accepts the petition and the eviction hearing is scheduled. 

Will this proposed law prevent a landlord from filing an eviction in circumstances where the City and/or a tenant prevents the landlord from getting a C of O?

No. In Albany where they have a similar law, if the landlord’s ROP is not able to be submitted due to a unique circumstance such as a tenant refusing access, a landlord may submit an affidavit and any supporting documents affirming the circumstance to be considered by the court. The case would be scheduled and any further dispute would be handled at the eviction hearing by an Albany City Court Judge.

Is Good Cause in effect in Albany?

Yes, Good Cause was passed in Albany and is now in effect. The lawsuit filed against Albany  has not resulted in an injunction or a temporary restraining order halting the implementation of the law. Legal Aid attorneys in Albany are already seeing a reduction in the filing of no-cause evictions. In addition, the laws in Newburgh and Poughkeepsie are currently in effect. Kingston and Beacon’s laws will go into effect upon the municipalities filing the law with the NYS Department of State.