The New York attorney believes there’s good reason landlords should exercise caution when it comes to evictions

A law passed in New York in April 2024 makes it more difficult to remove problem tenants from rental properties.

As a homeowner vetting potential renters, it’s important to stay aware of local, state and federal housing laws to avoid legal issues, especially since new laws across the country often favor renters over homeowners, which include eviction laws heard for good reason.

“Eviction for cause is a new law in New York. It went into effect on April 20, 2024, but certain provisions took effect later, on August 18, 2024,” said Daniel Phillips, real estate litigation partner at Belkin. Burden and Goldman, who specialize in landlord-tenant disputes, told Fox News Digital by telephone.

According to experts, homeowners who are overtaken by squatters can develop psychological and physical problems

Even when proper screening is conducted on a potential tenant’s behalf, including background checks, credit checks, and referrals, landlords sometimes have a tenant who causes problems.

“Essentially, the law says that fair market tenants who are unregulated, such as rent stable and rent controlled tenants but open market tenants, cannot be removed from ownership of an apartment unless: the landlord can prove that they are exempt from deviating from the law or that they have a so-called good cause, defined in the law, to remove the tenant from the possession.”

There are several types of homes that are exempt from the for-cause eviction law.

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According to NewYork.gov, landlord-owned homes with 10 or fewer units are not covered by this law.

A tenant who sublets a property and then decides to return to a property is also exempt from this law, as are apartments provided to a tenant as a result of employment but who then leaves the employment or is dismissed.

Other examples include homes built on or after January 1, 2009; Homes where rents and evictions are already regulated by federal, state or local laws; Homes in condominiums and cooperatives, as well as homes regulated by federal, state or local governments that include income or rent restrictions, such as project-based Section 8 vouchers, according to NewYork.gov. Seasonal homes, mobile homes, hotel rooms and houses whose rent is more than 245% of the market rent are also exempt from the law.

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There are several reasons that would be considered “good cause” for eviction under this new law.

“Some reasons for removal that would be defined as good cause are that the tenant is a nuisance, that the tenant has not paid rent due and owing, and there is a list of other reasons for removing the tenant,” Phillips explained. “If the landlord does not fall into one of these categories, whether exempt or having a reason for removal, the tenant is permitted to remain in possession of an apartment essentially in perpetuity.”

Phillips said this law protects potentially bad tenants and makes it harder for landlords to remove them.

“This bill will help protect tenants who fall into the gray area where they may not become a nuisance or a bad tenant from which to remove them. But the landlord still has to deal with a problem tenant.” “We can’t just get rid of them when the lease expires,” Phillips said.

“So this will help protect tenants who are struggling and sometimes not good at paying rent and causing problems for the landlord, but maybe not getting to the point where they can take legal action against them and evict them .”

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Additionally, the law imposes a cap on annual rent increases, which Phillips said is currently 8.82%.

Several housing problems involve squatters unlawfully taking possession of an apartment. In many states, lengthy court disputes arise with squatters.

While it is unlikely that the good cause eviction law plays a role in squatters’ situation, Phillips said the law, which may protect “bad tenants,” is consistent with the way squatters appear in many housing disputes Landlords are protected.

“I think what you’re going to see is a lot of potentially bad tenants being protected, similar to how squatters are being protected with rights that maybe they shouldn’t have,” Phillips said. “These tenants will be protected, and landlords will have a harder time removing problem tenants from their buildings.”