The Eviction Reduction Law
Read on for an overview of the Eviction Reduction law. Click here for a breakdown of Myths and Facts about the law, and click here for information on the Good Cause public hearing on Thursday, March 10 at 5 pm.
What is the Local Law to Prohibit Eviction Without a Certificate of Occupancy or Good Cause?
The Eviction Reduction Law grants tenants in Rochester protections against unjust evictions.
The law is consistent with Mayor Evans’ pledge to reduce evictions in his Compact with the Community.
With this law, tenants who pay rent, follow the terms of their lease, and otherwise maintain the obligations of their tenancy can stay in their homes.
It prevents arbitrary and retaliatory evictions by requiring landlords to have a “good cause” and a valid Certificate of Occupancy (C of O) to evict. A C of O is already required for all rentals by Rochester City Code.
Under this law, tenants can challenge rent increase evictions in non-payment cases by raising a Good Cause defense, requiring a landlord to justify annual rent increases over 5%. Rent increases can be found to be “unreasonable” or “reasonable” by a judge based on evidence provided.
Who is covered by the Eviction Reduction Law?
The Eviction Reduction Law protects working class and low income households who are struggling with severe housing instability in the face of the COVID-19 pandemic.
64% of Rochester residents rent, and an estimated 20% of those tenants already have Good Cause Eviction Protections. This legislation would extend the protections to almost all Rochester tenants.
All housing accommodations are covered except: a) owner occupied buildings with less than two units, b) housing accommodations where the use and occupancy is solely tied to employment and the employment is being lawfully terminated, and c) premises that are otherwise subject to rent regulation.
What is Rochester’s Eviction crisis?
As of January 2022, over 15,000 Rochester tenants are estimated to be behind on rent, and rental assistance is running low. Rochester has 30 to 50 cases in eviction court each day. Rochester needs permanent eviction protections to survive this onslaught of evictions.
Even before the pandemic, Rochester was in an eviction crisis. Before 2020, Rochester saw about 8,000 evictions filed each year, impacting almost 1 out of 10 Rochester households. Thousands more vacate their housing before they are brought to court because their landlords refuse to renew their tenancies or raise rents to unaffordable rates.
Our eviction crisis disproportionately impacts Black and brown families. Decades of racist housing policies have blocked Black and brown families from homeownership: 72% of Black Rochester residents and 72% of Latinx Rochester residents are tenants. Pre-pandemic, 72% of the tenants represented by the Legal Aid Society of Rochester in eviction cases were women and 80% were people of color.
Evictions aren’t just a result of poverty, they cause poverty. When you lose your housing, you lose everything – your possessions, your community, your stability, and often your job. Evictions result in trauma, destabilization, and cycles of houselessness that are almost impossible to escape.
Many longtime residents are being priced out of their homes. Rochester is facing record rent increases, and incomes are not keeping up. Outside investors are purchasing buildings and raising rents 20%-40%, de facto evicting families who can’t afford the increases. Families of color are hit the hardest: a 2017 study found that 59% of families of color in Rochester are rent-burdened, paying more than 30% of their income on rent.
Tenants who organize or file code enforcement complaints are at high risk of eviction. Currently landlords can choose not to renew a tenancy without showing a cause. Many tenants are forced to live in slum conditions and do not enforce their legal rights to safe housing due to a fear of a no-cause tenancy termination – thus driving down the housing quality in the entire city.
How does this legislation benefit the community?
The Eviction Reduction Law promotes stable communities: Evictions and housing unaffordability are the leading cause of homelessness. Research published in 2019 on the effects of Good Cause laws passed in California found that the laws had a significant impact on housing stability for renters, significantly curbing eviction and eviction filing rates.
It promotes public safety: Research confirms that higher rates of eviction correspond to higher incidence of gun violence, homicides, robberies and burglaries. Evictions destabilize both individuals and whole neighborhoods; where there are high rates of displacement, neighbors are not able to form the deep bonds of trust that prevent violence. Rochester will make its community safer by passing the Eviction Reduction Law.
It discourages unscrupulous landlords from coming to our community. Slumlords seek out cities with less regulation and accountability. 50% of Rochester rental units are owned by D-grade landlords (slumlords and “marginal amateurs”). When combined with the Tenant Opportunity to Purchase Act, if slumlords sell their properties, tenants could purchase the properties and return their homes to resident control.
It promotes 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. Homeowners in neighborhoods with low rates of code compliance and high rates of eviction will enjoy greater stability among their neighbors and increased property values due to better maintenance of neighboring properties.
It makes it easier for first-time homebuyers. By curbing rents and eliminating unjust evictions, it’s harder for private equity companies to speculate (and drive up) the cost of housing.
It’s good for public health: Eviction research has shown that evicted mothers experienced more material hardship, were more likely to suffer from depression, reported worse health for themselves and their children, and reported more parenting stress (Desmond & Kimbro, 2015).
It’s good for our public schools: When students face eviction and are forced to be homeless or to move, it’s hard to get a good education for both the student facing eviction and the entire classroom.
It has strong public support! 64% of all likely voters and 77% of Democrats support Good Cause Eviction.
What are “Good Causes” for eviction under this bill?
Nonpayment of rent
Lease violation
Causing a nuisance or objectionable conduct
The Department of Neighborhood and Business Development has issued an order requiring the tenant to vacate the property.
Use of property for an illegal purpose
Damaging the unit
Refusing the landlord access to the unit for the purpose of making repairs or for showing the property to a prospective purchaser.
The landlord is seeking to recover possession of the premises for personal use
If the unit has been legally sublet, the subletter can recover possession for their primary residence