This article shall be cited as the "Prohibition of Eviction
Without Good Cause Law."
As used in this article, the following terms shall have the
meanings indicated:
DISABLED PERSON
Shall be applied according to the definition set forth at
NY Public Housing Law § 14(4)(c)(iii).
LANDLORD
Any owner, lessor, sublessor, assignor, or other person receiving
or entitled to receive rent for the occupancy of any housing accommodation
or an agent of any of the foregoing.
RENT
Any consideration, including any bonus, benefit or gratuity
demanded or received for or in connection with the possession, use
or occupancy of housing accommodations or the execution or transfer
of a lease for such housing accommodations.
TENANT
A tenant, subtenant, lessee, sublessee, assignee, manufactured
home tenant as defined in Paragraph one of Subsection (A) of § 233
of the NYS Real Property Actions and Proceedings Law, an occupant
of a rooming house or hotel as defined in § 711 of the Real
Property Actions and Proceedings Law or any other person entitled
to the possession, use or occupancy of any housing accommodation.
This article shall apply to all housing accommodations except:
A. Owner-occupied premises with four or less units;
B. Premises sublet pursuant to § 226-b of the Real Property
Law or otherwise, where the sublessor seeks in good faith to recover
possession of such housing accommodation for their own personal use
and occupancy;
C. Premises where the possession, use or occupancy of which is solely
incident to employment and such employment is being lawfully terminated;
and
D. Premises otherwise subject to regulation of rents or evictions pursuant
to state or federal law to the extent that such state or federal law
requires "good cause" for termination or nonrenewal of such tenancies.
No landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in §
30-328 of this article.
No action shall be maintainable and no judgment of possession
shall be entered for housing accommodations pursuant to this article,
unless the landlord has complied with any and all applicable laws
governing such action or proceeding and has complied with any and
all applicable laws governing notice to tenants including, without
limitation, the manner and the time of service of such notice and
the contents of such notice. Nothing in this article shall preclude
individuals from the voluntary dissolution of a lease agreement on
such permissible terms as both parties may agree to, though such agreement
may not provide a basis for the issuance of a warrant of eviction
or provide the Albany City Court with authority to intervene in such
voluntary dissolutions entered into outside of and not properly brought
before the Albany City Court's jurisdiction.
Any agreement by a tenant heretofore or hereinafter entered
into in a written lease or other rental agreement waiving or modifying
their rights as set forth in this article shall be void as contrary
to public policy.
[Amended 8-16-2021 by L.L. No. 16-2021 (P-2021) (MC)]
If any provision of this article, or any application of any
provision of this article, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this article,
or of any other application of any provision of this article, which
can be given effect without that provision or application; and to
that end, the provisions and applications of this article are severable.