Consumer alert: Eviction for good cause is one step closer to becoming law in Rochester

ROCHESTER, NY — The ability to evict for cause is one step closer to becoming law in Rochester. The City Council has introduced a bill similar to the one passed by the state legislature in April. Nothing changes for small landlords who own fewer than 10 units. However, large landlords will have to show good cause to evict a tenant even after the lease expires.

When the state legislature passed the measure in April, it gave communities outside of New York City the opportunity to participate. On Monday, Albany City Council became the first in the state to participate. If the bill passes in Rochester, landlords with more than 10 rental units will have to show good cause before evicting a tenant. Examples of good cause include that a tenant is not paying rent, that the tenant is using the unit for something illegal or that the tenant is doing something that threatens the safety of other tenants.

Rochester’s measure would also cap the amount a landlord can increase rent at 10 percent or 5 percent plus the Consumer Price Index, whichever is lower. So the Consumer Price Index is currently about 3.5 percent, meaning rent increases would be capped at 8.5 percent if the measure goes into effect.

The introduction of this measure fulfills a promise made by several city council members. However, many housing activists are not satisfied with the compromise measure passed by the state parliament.
 
“With this compromise version of Good Cause, Governor Hochul is denying millions of renters across the state basic protections from rent increases and evictions,” said Ritti Singh, communications organizer at Housing Justice for All.

She points out that many cities have the opportunity to join the law, but many will not, creating a hodgepodge of tenant protections. Housing activists are also unhappy about the many exceptions to the law, exceptions that Rochester also wants to create. For example, buildings with an occupancy permit from 2009 or later are exempt. And as I mentioned, small landlords with fewer than 10 units are exempt. Singh points out that many landlords list their rental units with different limited liability companies, making it difficult for tenants to know that the landlord owns more than 10 units.

Opponents of the eviction clause, with good reason, believe it will make Rochester’s housing crisis worse by putting good landlords out of business.

The next step for Rochester? The City Council will hold public meetings to hear your opinion on a good cause eviction. Dates for those meetings have not yet been set.