Ithaca council to consider ‘good cause’ eviction law

ITHACA, NY — The Common Council will soon consider a proposed “good cause” eviction law, a tenant protection policy that limits rent increases and the ability of landlords to terminate a tenant’s lease in certain circumstances.

The news comes after state lawmakers passed a bill in April that would pave the way for municipalities to pass their own for-cause eviction bills. Previous attempts to pass citywide for-cause eviction laws have faced legal challenges in state courts.

The Common Council will discuss protections against for-cause evictions at a June 20 committee meeting. The policy appears to have broad support among council members and local advocates.

Mayor Robert Cantelmo said a bill on just-cause evictions would be part of a broader effort to address the high cost of housing in Ithaca.

“There is no single silver bullet that can solve the affordability crisis in the city,” Cantelmo said. He added: “But by being able to provide some level of protection to tenants (…) it will help us stabilize the affordability challenge. »

Since the start of COVID-19, Ithaca has seen a surge of support for tenants’ rights, including a policy of eviction for good cause. However, city officials put a local proposal on ice in 2022 after it became clear that such a law could likely trigger a lawsuit.

State law provides limited protections against for-cause eviction for certain tenants in New York City. It also provides a sort of framework for other New York municipalities to “participate” by enacting local versions of state law – with some limited modifications.

Under the new for-cause eviction law, landlords are required to renew the leases of tenants in good standing. Tenants will not be protected if they break the law or the terms of their lease – by withholding rent payments, for example.

The statewide legislation also limits rent increases for the units it covers. Landlords will be able to increase the rent upon lease renewal by 10% or 5% plus inflation measured by the Consumer Price Index, whichever is lower.

Controversially, state law also includes exclusions that exempt certain owners and properties from the regulations. Municipalities have limited power to modify these exceptions.

Statewide law does not provide protection to tenants who rent from “small landlords.” State law allows municipalities that adhere to the law to determine what constitutes a small landlord. In New York, a small landlord owns 10 or fewer homes.

Units may also be exempt if the rent payment is more than 245% of what the federal government considers a fair market rent for that area. In the city of Ithaca, the statutory threshold would be $3,513 per month for a one-bedroom apartment. The city is also able to choose a lower rate if it opted for protections against for-good evictions, which would exempt more homes. Units rented as dormitories or sublet are also exempt under the law.

Apartments in buildings built in 2009 or later will also be exempt from the state’s just-cause eviction protections for the next 30 years.

These exemptions were huge compromises in the eyes of some tenants’ rights advocates.

Genevieve Rand, a statewide housing organizer for the nonprofit advocacy group Citizen Action of New York, called the for-cause eviction law passed by state lawmakers ” tragically gutted version of the bill.”

Rand, an Ithaca-area resident who was active in the local push for the city to adopt a local eviction-for-cause policy, said she still wants to see the city adopt the stricter version possible by law.

“If we pass it in this way, it would represent the greatest advance in tenants’ rights in Ithaca in several generations,” Rand said.

As the city nears a decision on whether to embrace for-cause eviction protections, local landlords have also raised concerns.

Kayla Lane, spokesperson for the Tompkins County Homeowners Association and co-owner of the Dryden Apartment Company, opposes any version of the law on just-cause evictions. Lane said she believes the tenant protections offered by the law will deter local investors from the City of Ithaca and favor large private investors.

“I think this might be an unintended consequence of this law,” Lane said.

She called the law’s 30-year good-cause exemption for buildings constructed in 2009 or later “arbitrary” and would favor developers, rather than locally owned and operated businesses like hers.

“This is really going to affect your ‘mom and pop’ (owners),” Lane said.

The Dryden Apartment Company operates units throughout Tompkins County and about 100 in the city of Ithaca, according to Lane.

Alderwoman Kayla Matos, who campaigned on a promise to fight for a local eviction law for good reason, said she supports passing the strictest possible version of the law.

She said her position on this policy comes in part from personal experience. Matos said she was unable to get out of the lease about two years ago at an apartment she had lived in since 2009. It was a disruptive experience that she wanted to avoid having to worry about. others.

“To me, it’s not fair,” Matos said. “Especially if (a tenant) respects their lease and what it says in the contract. So for good reason, it just helps with that stabilization and actually reduces displacement among Ithacans.

Mayor Cantelmo called the for-cause evictions bill that passed in Albany “not what I would have advocated for.”

“If there are opportunities to strengthen these protections in the future, I will certainly be one of the voices in Albany calling for it,” Cantelmo said.

The policy will be discussed at a council committee meeting on June 20. A draft version of the local bill is not yet available.