Navigating the Complexities of Eviction Law in NYC
The housing market has been dominating New Yorkers’ conversations recently. It is no secret that the housing situation in NYC has changed drastically over the years. In 2024 alone, the city had the lowest apartment vacancy in almost 60 years, according to the Economist. Also, the number of landlords who filed eviction cases has dwindled to half its 2016 levels. One of the key factors in the change stems from the City’s decision in 2017 to introduce a right to legal representation for indigent tenants.
In addition to the substantial change in 2017, a new law regarding tenants’ rights that was passed in 2019. Before these changes, it was estimated that roughly one out of 100 tenants had legal counsel, compared with 95% of landlords. These changes, alongside the newly passed “Good Cause Eviction Law” in 2024, have given tenants a lot of new protection.
The changes to the legal landscape in the NYC housing market have made it harder to evict. With these laws, landlords must also consider rent-stabilized and rent-controlled units in NYC. Eviction has long been tightly restricted in these types of units. The Rent Guidelines Board regulates the rent increases that a landlord may impose on regulated units, leading to difficulty evicting non-paying tenants.
The Housing Emergency Extension has added yet another factor. In March of 2024, the NYC government extended the Housing Emergency because the vacancy rate is at about 1.4%, which is far below the threshold of 5%. This extension enables a few key things:
Keeping rent stabilization active;
Prevents the automatic deregulation of specific units;
It locks in renewal rights as well as eviction restrictions for another 3 years.
These factors freeze\ city in “stasis,” where landlords are required to follow each and every procedure by the book and cannot quickly and easily evict a tenant. The ever evolving housing legal landscape in New York City has created a graceful and complex tension between tenant protections and landlord burdens. These changes affect both landlords and tenants in different ways.
For the Landlords:
Limited ability to increase rents
Regulated increases in rent by the Rent Guidelines Board may restrict landlords’ ability to keep up with the rising costs in terms of taxes, maintenance of units, or inflation.
2. Harder for landlords to reclaim units
Evicting problematic tenants may take a long time in housing \courts. In addition, procedural mistakes in any stage of the housing court process may invalidate a case and force the landlord to start over.
3. Reduced incentive to invest more or build
The rent caps and strict eviction laws discourage landlords from maintaining and renovating the old units they own.
4. Additional administrative work
These new laws require landlords to comply with DHCR registration, annual filings, tenant communication requirements, and building code regulations, among other legal requirements.
5. Predictable occupancy
While landlords may have a more difficult time reclaiming housing units or evicting tenants, one positive thing is that landlords have access to long-term tenants who stay in their units longer, ensuring stable cash flow for the landlord.
For the Tenants:
Stronger tenure security
With all the new "tenant-friendly" laws, most tenants cannot be evicted unless there's an unequivocal, apparent, and lawful reason. Additionally, lease renewal options are generally guaranteed, especially in rent stabilized units.
2. More predictable rent increases
Due to the Rent Guidelines Board’s annual cap on the rent increases, rents rise more gradually and predictably, which is essential in a city with a tight housing supply and high cost of living.
3. Access to legal protections
Tenants have access to the government's Right to Counsel program. Due to this, strong anti-harassment, retaliation, and habitability laws empower tenants to report bad living conditions or unlawful housing practices.
These factors produce an inevitable trade-off. The existing tenants benefit. At the same time, new or incoming tenants may have a harder time finding an affordable place to live. According to Nicole Upano of the National Apartment Association, a landlord trade association, landlords have adopted stricter screening measures to avoid risky tenants and the likelihood of future headaches.
These laws contribute to changes in the housing landscape of New York City as a whole. Primarily, it helps promote market stability in housing. Due to laws promoting safety and longer-term tenants, steady occupancy rates are more likely, safeguarding the housing market from potential real estate market dips. However, this does come with the caveat of having low vacancy rates and a housing supply shortages. Since these tenants rarely move, the number of available affordable units for new potential tenants becomes smaller and smaller. Another social benefit is the promotion of tenant stability and neighborhood continuity. It enables neighborhoods to retain their distinct identities and encourages social cohesion. Finally, due to these policy changes, investments will inevitably shift in reaction to the changes. Landlords may try to relieve themselves of some of the burdens these new laws give them by turning to other housing methods, such as short-term rentals and condo conversions.
With all that said, there is no denying that changes in the legal landscape of the housing market can trigger many positive and negative effects. One thing is for sure: changes in law have advanced the topic of housing in NYC, for better or for worse. Nevertheless, having knowledge of all these changes is crucial should you encounter such problems if you are currently a tenant or are planning to move to New York City.
If you have questions and concerns regarding a real estate matter, never hesitate to reach out to our experienced team of professionals here at Scolnick Law. Contact us at (718) 554-6445 to schedule your consultation.
This blog post is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this post in any way seems to contradict the advice of counsel, counsel’s opinion should control over anything written herein. No attorney-client relationship is implied by this blog.
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