Laws – RPA § 711(2)
Good Cause Eviction Law
RPL § 215) – For certain tenancies in New York City and other municipalities that opt in, landlords must have a “good cause” reason for evicting their tenant.
Good cause includes a tenant’s failure to pay rent, provided the landlord has not unreasonably increased rent, a tenant’s violation of any lease term, the landlord’s intent to demolish or otherwise remove the property from the market, and for several other reasons. (See the full list of good cause reasons for eviction and the tenancies/housing to which it is applicable HERE on the NYC gov website.)
Notice of Applicability of Good Cause Eviction Law (RPL § 231-c) – All landlords issuing a written demand for past-due rent must attach a notice disclosing whether the Good Cause Eviction Law applies or does not apply to the tenancy.
Delivery of Notice
There are 3 ways which are accepted as proper delivery of the notice in New York:
- Personal Delivery – Notice delivered personally to the tenant, however, the person serving the notice cannot be the landlord or owner.
- Substituted Service – If the actual tenant is not available for service, give the notice to someone who works or lives on the property (the person can’t be someone who just happens to be on the property). The person receiving the notice does not have to be an 18-year-old adult but they cannot be a small child. The following weekday, the landlord must mail 1 copy by certified mail and another copy by regular mail to the tenant.
- Conspicuous Service – Delivery must be tried at least 2 times during the course of one day. If failed both times, the person serving may tape one copy to the tenant’s door. The following weekday, 1 copy must be sent by certified mail and the other by regular mail.