WeVote
Log In

Bill

Bill

S 8612

Relates to enacting technical changes to the good cause eviction law

2025 Regular Session Introduced by Brian Kavanagh and 1 co-sponsor

The bill tightens and standardizes the good cause eviction framework by aligning inflation/rent benchmarks with CPI, clarifying coverage (coops/condos, affordable units), and tight

1ST REPORT CAL.1133
0
WeVote Research Nonpartisan
Bill Summary · S 8612

Overview

S.8612 (2025-2026) from New York Senate proposes technical amendments to the state’s good cause eviction framework (Article 7 of the Real Property Law) and related provisions. The bill focuses on refining definitions (inflation index, consummation), updating rent benchmarks, clarifying notice requirements, and ensuring consistency across related sections of real property law and the real property actions and proceedings law. It takes effect immediately but preserves certain transitional provisions and repeals.

Purpose and intent

  • To enact technical changes that clarify and standardize key terms used in the good cause eviction regime and related eviction/tenancy procedures.
  • To align inflation and rent benchmarks with annual CPI updates and with state administrative publication timelines.
  • To ensure consistent application of good cause eviction protections across rental classifications (market-rate, regulated, affordable housing, cooperatives/condominiums, etc.).

Key provisions and changes

  1. Inflation index definition (Real Property Law, §211(7) and new §211(9))
    • Defines “inflation index” as 5% plus the annual change in the CPI for urban consumers for the region where the housing is located.
    • Publication and effective timing: index for the preceding calendar year must be published by DHCR no later than June 1, and becomes effective October 1 of that year.
    • Regional adaptations:
      • For New York City and certain nearby municipalities adopting the law locally: use the NY-NJ-PA CPI for the region.
      • For other villages/towns/cities adopting locally: use the Northeast Region CPI.
  • §211(9) also refines “consummated” to specify when a sponsor’s plan for cooperatives and condominiums is considered consummated, contingent on certain approvals by the Department of Law.
  1. Clarifications to applicability of good cause eviction (Real Property Law §214, additional subdivisions)
    • Adds explicit references to units subject to good cause eviction in contexts where rents are regulated or where affordability restrictions exist.
    • Lists specific categories of housing where good cause protections apply, including:
      • Units subject to rent regulation or local, state, or federal rules requiring good cause for termination/non-renewal.
      • Affordable units tied to income levels under regulatory agreements or statutory requirements.
      • Condominiums/cooperatives with consummated offering plans, and certain occupancy-based exemptions.
      • Certain certificates of occupancy issued after January 1, 2009 for long-term periods (30 years) in specific new housing contexts.
    • Adds an affordability-based threshold for eviction based on fair market rent or a percentage (245% of FMR) with annual publication of FMR by DHCR.
  • §214 also requires that DHCR publish FMR and 245% of FMR for each unit type and county, with annual updates.

  1. Rent increase assessments and tenant-initiated lease changes (Real Property Law §216; §226-c)

    • Tightens and standardizes how rent increases are evaluated for presumptively unreasonable increases when a good cause eviction claim is implicated.
    • Establishes presumptions: increases above the lower of (a) 5% plus CPI change or (b) 10% are presumptively unreasonable, with exceptions for regulated units.
    • Applies same baselines to lease renewal changes and required notice windows (30 days to 100 days prior to renewal, replacing prior 90-day maximum) for lease changes deemed part of good cause considerations.
    • Reinforces that increases not exceeding local rent standards are not presumed unreasonable.

  2. Landlord notice requirements for renewal or non-renewal (Real Property Law §226-c)

    • When offering renewal with a rent increase ≥5% above the current rent or choosing not to renew, landlords must provide written notice that includes:
      • Whether the unit is subject to the good cause eviction law and the exemption status if applicable.
      • The lawful basis for non-renewal if not renewing a unit subject to good cause eviction.
      • Justification for increases above the local rent standard if applicable.
    • If timely notice is not provided, tenancy continues under existing terms through the notice period.

  3. Notices in eviction proceedings and related petitions (Real Property Actions and Proceedings Law)

    • Updates to rent demand and possessory notices to include the same good-cause-related disclosures (exemption status, non-renewal basis, and rent justification), with exemptions preserved for eligible housing.

  4. Administrative and transitional provisions

    • Effective immediately, with certain repeal-related timing preserved and related sections’ repeal handling addressed.

Who is affected

  • Landlords and property owners subject to New York’s good cause eviction framework.
  • Tenants in units governed by good cause eviction rules, including those in rent-regulated, affordable, condominium/cooperative, and certain newly constructed housing.
  • Housing providers in municipalities that elect local adoption of the good cause eviction provisions (as allowed by statute).
  • Agencies and entities involved in DHCR publishing FMR and CPI-based benchmarks.

Procedural and timeline aspects

  • Immediate effective date, but several provisions refer to annual CPI and FMR publication deadlines (no later than June 1 each year; effective October 1).
  • Local adoptions require consistent applicability and conformity with existing local laws; exemptions apply where housing is already regulated or where lease disclosures indicate regulated rents.
  • Several sections maintain sunset/repeal considerations consistent with prior enactments (Chapter 56, Part HH).

Summary

S.8612 seeks to tighten technical aspects of the good cause eviction regime, harmonize inflation and rent benchmarks with CPI-based updates, clarify when certain housing arrangements (coops, condos, affordable units) are covered, and standardize notice and evidentiary requirements in renewal and eviction contexts. The bill emphasizes accuracy in regulatory disclosures, predictable rent increase standards, and alignment of statewide rules with local adoptions where permitted.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.