N.Y. Real Property Law § 231-c: Good cause eviction law notice

* § 231-c. Good cause eviction law notice. 1. A landlord as defined in

subdivision two of section two hundred eleven of this chapter shall

append to or incorporate into any initial lease, renewal lease, notice

required pursuant to paragraph (a) of subdivision one of section two

hundred twenty-six-c of this article, notice required pursuant to

subdivision two of section seven hundred eleven of the real property

actions and proceedings law, or petition pursuant to section seven

hundred forty one of the real property actions and proceedings law, the

following notice:

NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK

STATE GOOD CAUSE EVICTION LAW

This notice from your landlord serves to inform you of whether or not

your unit/apartment/home is covered by the New York State Good Cause

Eviction Law (Article 6-A of the Real Property Law) and, if applicable,

the reason permitted under the New York State Good Cause Eviction Law

that your landlord is not renewing your lease. Even if your apartment is

not protected by Article 6-A, known as the New York State Good Cause

Eviction Law, you may have other rights under other local, state, or

federal laws and regulations concerning rents and evictions. This

notice, which your landlord is required to fill out and give to you,

does not constitute legal advice. You may wish to consult a lawyer if

you have any questions about your rights under the New York State Good

Cause Eviction Law or about this notice.

NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)

UNIT INFORMATION

STREET:

_______________________________________________________________________

UNIT OR APARTMENT NUMBER:

_______________________________________________________________________

CITY/TOWN/VILLAGE:

_______________________________________________________________________

STATE:

_______________________________________________________________________

ZIP CODE:

_______________________________________________________________________

1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN

AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE

ANSWER)

YES ___

NO ___

2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW,

KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT

FROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS)

A. Village/Town/City outside of New York City has not adopted good cause

eviction under section 213 of the Real Property Law ___;

B. Unit is owned by a "small landlord," as defined in subdivision 3 of

section 211 of the Real Property Law, who owns no more than 10 units for

small landlords located in New York City or the number of units

established as the maximum amount a "small landlord" can own in the

state by a local law of a village, town, or city, other than New York

City, adopting the provisions of Article 6-A of the Real Property Law,

known as the New York State Good Cause Eviction Law, or no more than 10

units, as applicable. In connection with any eviction proceeding in

which the landlord claims an exemption from the provisions of Article

6-A of the Real Property Law, known as the New York State Good Cause

Eviction Law, on the basis of being a small landlord, the landlord shall

provide to the tenant or tenants subject to the proceeding the name of

each natural person who owns or is a beneficial owner of, directly or

indirectly, in whole or in part, the housing accommodation at issue in

the proceeding, the number of units owned, jointly or separately, by

each such natural person owner, and the addresses of any such units,

excluding each natural person owner's principal residence. If the

landlord is an entity, organized under the laws of this state or of any

other jurisdiction, then such landlord shall provide to the tenant or

tenants subject to the proceeding the name of each natural person with a

direct or indirect ownership interest in such entity or any affiliated

entity, the number of units owned, jointly or separately, by each such

natural person owner, and the addresses of any such units, excluding

each natural person owner's principal residence (exemption under

subdivision 1 of section 214 of the Real Property Law) ___;

C. Unit is located in an owner-occupied housing accommodation with no

more than 10 units (exemption under subdivision 2 of section 214 of the

Real Property Law) ___;

D. Unit is subject to regulation of rents or evictions pursuant to

local, state, or federal law (exemption under subdivision 5 of section

214 of the Real Property Law)___;

E. Unit must be affordable to tenants at a specific income level

pursuant to statute, regulation, restrictive declaration, or pursuant to

a regulatory agreement with a local, state, or federal government entity

(exemption under subdivision 6 of section 214 of the Real Property Law)

___;

F. Unit is on or within a housing accommodation owned as a condominium

or cooperative, or unit is on or within a housing accommodation subject

to an offering plan submitted to the office of the attorney general

(exemption under subdivision 7 of section 214 of the Real Property Law)

___;

G. Unit is in a housing accommodation that was issued a temporary or

permanent certificate of occupancy within the past 30 years (only if

building received the certificate on or after January 1st, 2009)

(exemption under subdivision 8 of section 214 of the Real Property Law)

___;

H. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of

section 7-108 of the General Obligations Law (exemption under

subdivision 9 of section 214 of the Real Property Law) ___;

I. Unit is in a hospital as defined in subdivision 1 of section 2801 of

the Public Health Law, continuing care retirement community licensed

pursuant to Article 46 or 46-A of the Public Health Law, assisted living

residence licensed pursuant to Article 46-B of the Public Health Law,

adult care facility licensed pursuant to Article 7 of the Social

Services Law, senior residential community that has submitted an

offering plan to the attorney general, or not-for-profit independent

retirement community that offers personal emergency response,

housekeeping, transportation and meals to their residents (exemption

under subdivision 10 of section 214 of the Real Property Law) ___;

J. Unit is a manufactured home located on or in a manufactured home park

as defined in section 233 of the Real Property Law (exemption under

subdivision 11 of section 214 of the Real Property Law) ___;

K. Unit is a hotel room or other transient use covered by the definition

of a class B multiple dwelling under subdivision 9 of section 4 of the

Multiple Dwelling Law (exemption under subdivision 12 of section 214 of

the Real Property Law) ___;

L. Unit is a dormitory owned and operated by an institution of higher

education or a school (exemption under subdivision 13 of section 214 of

the Real Property Law) ___;

M. Unit is within and for use by a religious facility or institution

(exemption under subdivision 14 of section 214 of the Real Property Law)

___;

N. Unit has a monthly rent that is greater than the percent of fair

market rent established in a local law of a village, town, or city,

other than New York City, adopting the provisions of Article 6-A of the

Real Property Law, known as the New York Good Cause Eviction Law, or 245

percent of the fair market rent, as applicable. Fair market rent refers

to the figure published by the United States Department of Housing and

Urban Development, for the county in which the housing accommodation is

located, as shall be published by the Division of Housing and Community

Renewal no later than August 1st in any given year. The Division of

Housing and Community Renewal shall publish the fair market rent and 245

percent of the fair market rent for each unit type for which such fair

market rent is published by the United States Department of Housing and

Urban Development for each county in New York State in the annual

publication required pursuant to subdivision 7 of section 211 of the

Real Property Law (exemption under subdivision 15 of section 214 of the

Real Property Law) ___;

3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,

KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE

SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE

THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE

LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR

PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is

presumptively unreasonable if the increase from the prior rent is

greater than the lower of: (a) 5 percent plus the annual percentage

change in the consumer price index for all urban consumers for all items

as published by the United States Bureau of Labor Statistics for the

region in which the housing accommodation is located, as published not

later than August 1st of each year by the Division of Housing and

Community Renewal; or (b) 10 percent.) (PLEASE MARK AND FILL OUT THE

APPLICABLE RESPONSE)

A. The rent is not being increased above the threshold for presumptively

unreasonable rent increases described above: ___;

B. The rent is being increased above the threshold for presumptively

unreasonable rent increases described above: ___;

B-1: If the rent is being increased above the threshold for

presumptively unreasonable rent increases described above, what is the

justification for the increase:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW,

KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE

SERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE,

WHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL

APPLICABLE REASONS)

A. This unit is exempt from Article 6-A of the Real Property Law, known

as the New York State Good Cause Eviction Law, for the reasons stated in

response to question 2, above (IF THIS ANSWER IS CHECKED, NO OTHER

ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;

B. The tenant is receiving this notice in connection with a first lease

or a renewal lease, so the landlord does not need to check any of the

lawful reasons listed below for not renewing a lease under Article 6-A

of the Real Property Law, known as the New York State Good Cause

Eviction Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS

QUESTION SHOULD BE CHECKED) ___;

C. The landlord is not renewing the lease because the unit is sublet and

the sublessor seeks in good faith to recover possession of the unit for

their own personal use and occupancy (exemption under subdivision 3 of

section 214 of the Real Property Law): ___;

D. The landlord is not renewing the lease because the possession, use or

occupancy of the unit is solely incident to employment and the

employment is being or has been lawfully terminated (exemption under

subdivision 4 of section 214 of the Real Property Law): ___;

E. The landlord is not renewing the lease because the tenant has failed

to pay rent due and owing, and the rent due or owing, or any part

thereof, did not result from a rent increase which is unreasonable. A

rent increase is presumptively unreasonable if the increase from the

prior rent is greater than the lower of: (a) 5 percent plus the annual

percentage change in the consumer price index for all urban consumers

for all items as published by the United States Bureau of Labor

Statistics for the region in which the housing accommodation is located,

as published not later than August 1st of each year by the Division of

Housing and Community Renewal; or (b) 10 percent (good cause for

eviction under paragraph a of subdivision 1 of section 216 of the Real

Property Law): ___;

F. The landlord is not renewing the lease because the tenant is

violating a substantial obligation of their tenancy or breaching any of

the landlord's rules and regulations governing the premises, other than

the obligation to surrender possession of the premises, and the tenant

has failed to cure the violation after written notice that the violation

must cease within 10 days of receipt of the written notice. For this

good cause to apply, the obligation the tenant violated cannot be an

obligation that was imposed for the purpose of circumventing the intent

of Article 6-A of the Real Property Law, known as the New York State

Good Cause Eviction Law. The landlord's rules or regulations that the

tenant has violated also must be reasonable and have been accepted in

writing by the tenant or made a part of the lease at the beginning of

the lease term (good cause for eviction under paragraph b of subdivision

1 of section 216 of the Real Property Law): ___;

G. The landlord is not renewing the lease because the tenant is either

(a) committing or permitting a nuisance on the unit or the premises; (b)

maliciously or grossly negligently causing substantial damage to the

unit or the premises; (c) interfering with the landlord's, another

tenant's, or occupants of the same or an adjacent building or

structure's comfort and safety (good cause for eviction under paragraph

c of subdivision 1 of section 216 of the Real Property Law): ___;

H. The landlord is not renewing the lease because the tenant's occupancy

of the unit violates law and the landlord is subject to civil or

criminal penalties for continuing to let the tenant occupy the unit. For

this good cause to apply, a state or municipal agency having

jurisdiction must have issued an order requiring the tenant to vacate

the unit. No tenant shall be removed from possession of a unit on this

basis unless the court finds that the cure of the violation of law

requires the removal of the tenant and that the landlord did not,

through neglect or deliberate action or failure to act, create the

condition necessitating the vacate order. If the landlord does not try

to cure the conditions causing the violation of the law, the tenant has

the right to pay or secure payment, in a manner satisfactory to the

court, to cure the violation. Any tenant expenditures to cure the

violation shall be applied against rent owed to the landlord. Even if

removal of a tenant is absolutely essential to the tenant's health and

safety, the tenant shall be entitled to resume possession at such time

as the dangerous conditions have been removed. The tenant also retains

the right to bring an action for monetary damages against the landlord

or to otherwise compel the landlord to comply with all applicable state

or municipal housing codes (good cause for eviction under paragraph d of

subdivision 1 of section 216 of the Real Property Law): ___;

I. The landlord is not renewing the lease because the tenant is using or

permitting the unit or premises to be used for an illegal purpose (good

cause for eviction under paragraph e of subdivision 1 of section 216 of

the Real Property Law): ___;

J. The landlord is not renewing the lease because the tenant has

unreasonably refused the landlord access to the unit for the purposes of

making necessary repairs or improvements required by law or for the

purposes of showing the premises to a prospective purchaser, mortgagee,

or other person with a legitimate interest in the premises (good cause

for eviction under paragraph f of subdivision 1 of section 216 of the

Real Property Law): ___;

K. The landlord is not renewing the lease because the landlord seeks in

good faith to recover possession of the unit for the landlord's personal

use and occupancy as the landlord's principal residence, or for the

personal use and occupancy as a principal residence by the landlord's

spouse, domestic partner, child, stepchild, parent, step-parent,

sibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The

landlord can only recover the unit for these purposes if there is no

other suitable housing accommodation in the building that is available.

Under no circumstances can the landlord recover the unit for these

purposes if the tenant is (a) 65 years old or older; or (b) a "disabled

person" as defined in subdivision 6 of section 211 of the Real Property

Law. To establish this good cause in an eviction proceeding, the

landlord must establish good faith to recover possession of a housing

accommodation for the uses described herein by clear and convincing

evidence (good cause for eviction under paragraph g of subdivision 1 of

section 216 of the Real Property Law): ___;

L. The landlord is not renewing the lease because the landlord in good

faith seeks to demolish the housing accommodation. To establish this

good cause in an eviction proceeding, the landlord must establish good

faith to demolish the housing accommodation by clear and convincing

evidence (good cause for eviction under paragraph h of subdivision 1 of

section 216 of the Real Property Law): ___;

M. The landlord is not renewing the lease because the landlord seeks in

good faith to withdraw the unit from the housing rental market. To

establish this good cause in an eviction proceeding, the landlord must

establish good faith to withdraw the unit from the rental housing market

by clear and convincing evidence (good cause for eviction under

paragraph i of subdivision 1 of section 216 of the Real Property Law):

___;

N. The landlord is not renewing the lease because the tenant has failed

to agree to reasonable changes at lease renewal, including reasonable

increases in rent, and the landlord gave written notice of the changes

to the lease to the tenant at least 30 days, but no more than 90 days,

before the current lease expired. A rent increase is presumptively

unreasonable if the increase from the prior rent is greater than the

lower of: (a) 5 percent plus the annual percentage change in the

consumer price index for all urban consumers for all items as published

by the United States Bureau of Labor Statistics for the region in which

the housing accommodation is located, as published by August 1st of each

year by the Division of Housing and Community Renewal; or (b) 10 percent

(good cause for eviction under paragraph j of subdivision 1 of section

216 of the Real Property Law):___.

*NB Repealed June 15, 2034