🕰️ Friday, 11/01/2024 @ 04:06 PM ET 👤Scott J Campanella  🏷️#processserver #eviction #evictions #HSTPA #goodcauseeviction  💬 Comments Disabled

Tenant advocates argue that the bill is necessary to protect tenants from being evicted without good reason. They also argue that it would help to stabilize the housing market, as it would make it more difficult for landlords to raise rents.

Landlords cannot evict tenants who complain about mold, pests, or other problems, and tenants have the right to file a lawsuit if they feel retaliated against. This may complicate efforts to mitigate such problems, especially in circumstances where the level of repairs required would render the unit uninhabitable during the renovation.

The eviction moratorium also had an impact on landlords. Landlords were unable to collect rent from tenants who were not paying, and they were also unable to evict tenants who were causing problems in their properties. This led to tremendous financial losses for landlords.

According to a study by the Furman Center for Real Estate and Urban Policy, landlords in New York State lost an estimated $2.6 to $4.6 billion in revenue due to the eviction moratorium. The study found that landlords lost an average of $11,400 per tenant who was not evicted during the moratorium.

The National Apartment Association estimates that landlords lost $40 billion in rent revenue in 2020 alone. The association also estimates that landlords will lose an additional $30 billion in rent revenue in 2021.

The study also found that the eviction moratorium had a disproportionate impact on small landlords. Small landlords were more likely to be unable to afford to pay their mortgages or property taxes if they were not collecting rent, and many small landlords were forced to sell their properties.

Landlords may be left with few options if good cause evictions are enacted by the State of New York:

• Landlords can lobby their elected officials to reject good cause eviction.

• Landlords may need to challenge the laws in court, arguing that they are unconstitutional.

• Landlords can try to sell their properties.

The idea of giving tenants first right of refusal of the property they rent becomes available for purchase was proposed by the New York State Tenants Association (NYSTA). The NYSTA is a non-profit organization that advocates for the rights of tenants in New York State. The NYSTA believes that giving tenants first right of refusal would help to protect tenants from being displaced from their homes and communities.

The NYSTA's proposal would allow tenants to purchase the property they rent if the landlord decides to sell it. The tenant would have the first opportunity to purchase the property at the same price that the landlord is offering it to other buyers. This would give tenants a chance to stay in their homes and communities, even if the landlord decides to sell.

The NYSTA's proposal has been met with mixed reactions. Some landlords support the proposal, believing that it would help to keep tenants in their homes and communities. Other landlords oppose the proposal, believing that it would give tenants too much power and would make it difficult for them to sell their properties.

The NYSTA's proposal is also currently being considered by the New York State Legislature. It is unclear whether the proposal will be passed into law.

The constitutionality of good cause eviction is a complex issue that has been debated by legal scholars and courts for many years. There is no clear consensus on whether or not good cause eviction is unconstitutional.

Some argue that good cause eviction is unconstitutional because it violates the right to due process of law; a legal principle that requires the government to follow certain steps before depriving a person of life, liberty, or property. They argue that landlords have a right to evict tenants without good cause, and that good cause eviction laws violate that right.

Good Cause Eviction has been enacted in New York State with select areas "opting in" to the program, which contains provisions under which reporting on eligibility or ineligibility due to whether a local jurisdiction has "opted in" is required statewide. 

Some argue that the requirement to provide an additional four page Good Cause Eligibility or Ineligibility Notice to a single page Notice of Lease Non-Renewal places an undue burden on landlords & property managers in municipalities which have chosen not to "opt in" to the program. 

In some cases, a landlord may be restricted from reacquiring their property from a tenant in order to exercise their property rights. If a landlord sought to invest in renovations or wished to sell the property despite having a tenant with no "just cause" for eviction, the landlord would be unable to do so.

Others argue that good cause eviction is constitutional because it is a reasonable regulation of the landlord-tenant relationship. They argue that landlords have a duty to provide habitable housing to their tenants in perpetuity, and that good cause eviction laws help to ensure that landlords meet that duty.

Ultimately, the question of whether or not good cause eviction is unconstitutional is likely to be decided by the courts. There is no clear consensus on the issue, and it is possible that the courts will reach different conclusions in different cases, and further modify the existing framework of this legislation as time goes on.

According to the U.S. Census Bureau, New York State's population decreased by 0.9% between 2021 and 2022, to 19,677,151. This was the state's largest annual decline since the 1970s.

A recent report by the Rochester Business Journal found that the average rent for a one-bedroom apartment in Rochester has increased by 15% since 2020. The report also found that the vacancy rate for apartments in Rochester has declined to 3.8%, the lowest level in over a decade.

There are a few reasons why there can be a shortage of housing in New York State even as the population is declining.

• The population of New York State is not declining evenly across all parts of the state. The population is declining in rural areas, but it is growing in urban areas. This means that there is a greater demand for housing in urban areas, even as the overall population of the state is declining.

• The cost of housing in New York State is very high. This makes it difficult for people to afford to buy or rent a home. As a result, people are often forced to live in smaller homes or in less desirable neighborhoods.

• New construction has not kept pace with demand. This is due to a number of factors already mentioned, and also includes the high cost of land and construction, the slow pace of government approvals for new housing developments, and the lack of skilled workers in the construction industry.

As a result of these and other factors, there is a growing net shortage of housing in New York State even as the overall population of the state is declining.

The New York State Department of Housing and Urban Development (HUD) has approved a plan to build 500,000 new housing units in New York State over the next 10 years. The plan includes a variety of measures to increase the supply of housing, including:

• Increasing the number of affordable housing units

• Simplifying the process of building new housing

• Providing financial assistance to developers

The plan is still in its early stages, but it is a sign that the state is taking steps to address the shortage of housing.

It's difficult to say how well the The Housing Stability and Tenant Protection Act of 2019 will protect tenants against unjust evictions without the added protections provided by the eviction moratorium. However, there are some early indications that the law is having a positive impact.

For example, a recent study by the New York City Department of Housing Preservation and Development found that the number of evictions in New York City declined by 20% in the year following the implementation of the Housing Stability and Tenant Protection Act of 2019. The study also found that the number of tenants who were able to stay in their homes after being served with an eviction notice increased by 10%.

These findings suggest that the Housing Stability and Tenant Protection Act of 2019 is helping to reduce the number of evictions in New York City and is helping tenants to stay in their homes. However, it is important to note that the study only looked at the first year after the law was implemented. It is possible that the law's impact on evictions will change over time.

More research is needed to determine how well the Housing Stability and Tenant Protection Act of 2019 will protect tenants against unjust evictions without the added protections provided by the eviction moratorium.