A law passed in New York in April 2024 makes it more difficult to evict problem tenants from rental properties.
As a homeowner vetting potential tenants, it's important to keep local, state, and federal housing laws in mind to avoid legal trouble. Especially since new laws are enacted frequently across the country. Support tenants On behalf of homeowners, this includes just-cause eviction laws.
“Eviction for cause is a new law in New York. It went into effect on April 20, 2024, although some provisions subsequently went into effect on August 18, 2024,” Belkin’s real estate lawsuit states. Partner Daniel Phillips said. Baden and Goldman, who specializes in landlord-tenant disputes, spoke to Fox News Digital by phone.
In April 2024, New York passed the Just Cause Eviction Act. (St. Petersburg)
Experts say mental and physical illnesses may develop among homeowners occupied by squatters
Even when proper vetting is done, including background checks, credit checks, and recommendations on behalf of potential tenants, landlords can still end up with tenants who cause problems.
“Basically, what the law says is that unregulated fair market tenants, such as rent-stabilized tenants and rent-controlled tenants, and free market tenants, unless the landlord can prove one of the exemptions, “The tenant cannot be excluded from the ownership of the property in violation of the law or if there is a so-called just cause for which the law provides for depriving the tenant of the ownership of the property.'' ”
There are several types of housing that are exempt from just cause eviction laws.
A New York lawyer told FOX News Digital that there's a good reason eviction laws make it harder for landlords to evict bad tenants. (St. Petersburg)
Advice from experts to protect your home from squatters
Homes owned by landlords with 10 or fewer units are not subject to this law, according to NewYork.gov.
Tenants who sublet and then decide to return to the property are also exempt from this law. This also applies if you provided housing to a tenant for work, but then quit your job or were fired.
Other examples include homes built after January 1, 2009. Housing where rent and eviction are already regulated by federal, state, or local law. According to NewYork.gov, housing regulated by federal, state, or local governments that includes income or rent limits, such as housing in condominiums or co-op buildings, and project-based Section 8 vouchers. Seasonal housing, mobile homes, hotel rooms, and residences where the rent exceeds 245 percent of fair market rent are also excluded from the law.
Self-help eviction methods to remove squatters can lead to legal trouble for homeowners
There are several different reasons that are considered “just cause” for eviction under this new law.
“Reasons for eviction, which are defined as just cause, include the tenant being a nuisance and the tenant failing to pay the rent due, but there is also a list of other reasons for evicting a tenant.” explained Phillips. “Regardless of whether the landlord is exempt or has grounds for eviction, if one of these categories does not apply, the tenant will be allowed to continue in possession of the apartment essentially forever.”
Landlords should be aware of all laws at the federal, state, and local level, including just-cause eviction, to avoid legal trouble. (St. Petersburg)
Phillips said the law protects potentially bad tenants and makes it harder for landlords to evict them.
“This law helps protect tenants who fall short of the level of nuisance or malicious tenants and fall into a gray area where they can be evicted. However, landlords still have to deal with problem tenants. You can't just get rid of them at the end of the lease,” Phillips said.
“So this will help protect tenants who have difficulty paying rent and are sometimes bad at it and cause problems for landlords, but probably not to the point where they can sue and evict them. ”
CLICK HERE TO GET THE FOX NEWS APP
Additionally, the law caps annual rent increases, which Phillips said is currently 8.82%.
Some housing issues address the illegal possession of homes by squatters. In many states, long-running disputes with squatters are being fought in court.
While it is unlikely that a just-cause eviction law would take into account the squatter's situation, the law, which potentially protects “bad tenants,” provides protection for squatters from landlords in many housing disputes. Phillips said it is consistent with the way
“I think what we're going to see is a lot of potentially bad tenants being protected in the same way that squatters are being protected with rights that they shouldn't have,” Phillips said. Ta. “These tenants will be protected, but landlords will have a harder time evicting problem tenants from their buildings.”
