Stabilize Rochester Campaign: Myths and Facts

No Eviction Without a Good Cause FAQ

Yes. While Good Cause protections were vital eviction protections for tenants in Rochester before the COVID-19 crisis, the public health crisis has only renewed and elevated their urgency. The current statewide moratorium on evictions will expire as early as January 15, 2022, and we will face an unprecedented eviction crisis.

Yes. No-fault evictions affect all types of tenants in Rochester. However, slum conditions, exorbitant rent increases, and no-fault evictions are disproportionately faced by black and brown tenants. These unjust housing practices are only symptoms of a housing system that was founded on white supremacy. This system reproduces racist power and property relations on a daily basis.

Yes. A Good Cause local law 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, in July 2021 the City of Albany passed a Good Cause Local Law and many other municipalities around the State are moving in the same direction.

Yes. A Good Cause Local Law can be effectively enforced in City Court. In fact, it already is on a regular basis for approximately 20% of tenants in Rochester. These tenants have Good Cause because they live in federally regulated housing which mandates good cause eviction protections. Their rights are enforced by Rochester City Court.

No. The proposed Rochester Housing Court bill signed by the New York State legislature does not directly enhance or diminish tenant rights (including Good Cause). While Good Cause does not depend on Housing Court, if Good Cause was passed before the enactment of a Rochester Housing Court then it would be in place for the setup of a new Housing Court. This would support a cultural shift on tenants rights in Housing Court from the beginning.

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

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

No. Good Cause protections will not prevent non-payment evictions if a tenant is in arrears. However, it does put a limit on non-payment evictions if the non-payment is caused by a huge rent increase - for example, a 20% to 40% rent increase.

No, the proposed legislation does not provide for rent control. Rent control limits rent rates in a city and most rent control legislation caps the maximum amount of rent that a landlord can charge a tenant for occupancy of a unit as well as the amount that the rent may be increased per year. No provision in the proposed good cause eviction legislation limits a landlord’s ability to increase rent. The proposed legislation does, however, prevent a landlord from evicting a tenant who fails to pay rent after a landlord has unjustifiably increased the rent. A landlord may justify a rent increase if the landlord has made improvements or repairs to the premises.

No. It is estimated that 20% of all tenants in Rochester already have Good Cause eviction protections that come with tenancies linked to Public Housing, Section 8, Housing Tax Credits, etc. The Good Cause Tenant Law being proposed would provide these protections to an estimated 99% of all tenants in Rochester.