A technical change to New York's good cause eviction law shifts compliance burden to individual units—and most landlords don't realize it yet.
Most New York property owners know that good cause eviction protections exempt newly constructed buildings for 30 years. What many don't know: that exemption just got narrower, and the tracking burden just got heavier.
Senate Bill S08612, which enacts technical changes to the good cause eviction law, contains a provision that fundamentally alters how that 30-year exemption works. The change is buried in Section 2, amending subdivision 8 of section 214 (pages 2–3 of the bill), but its practical impact is immediate and direct.
Under the previous framework, a building-wide certificate of occupancy (CO) triggered the 30-year exemption for the entire building. That meant if your building received its CO in 2020, every unit in that building was exempt from good cause eviction requirements through 2050—regardless of when individual units were ready for occupancy.
S08612 narrows this to a unit-level trigger. Now, the exemption applies based on each individual unit's certificate of occupancy date, not the building's. This means a mixed-vintage building—one where units received COs at different times—may have some units exempt and others subject to good cause eviction protections simultaneously.
Small to mid-sized landlords managing mixed-vintage properties face the biggest compliance shift. If you own a building where units were completed and occupied in phases, you now must track each unit's individual CO date to determine whether you can non-renew a lease or raise rent without stating cause.
Larger portfolios with standardized tracking systems may adapt more easily. But for owners managing properties built or renovated in stages—common in renovation-heavy markets—this creates a new administrative requirement.
Before taking a lease non-renewal or pursuing a rent increase without cause, you'll need to verify that specific unit's CO date. If Unit 4B received its CO in 2022, it's exempt through 2052. If Unit 5C received its CO in 2019, it's exempt through 2049. If Unit 6D received its CO in 2015, it's now subject to good cause eviction protections.
Misidentifying a unit's exemption status could expose you to a tenant defense in an eviction or lease dispute. The burden is on the landlord to document and prove the unit-level CO date.
The bill is effective immediately. Per Section 8(e), the amendment applies to actions and proceedings filed on or after the effective date. This means any lease action you initiate now should be evaluated under the new unit-level standard.
If you manage a building with units completed at different times, audit your records now. Locate and document each unit's individual certificate of occupancy. If your records are incomplete, contact the Department of Buildings to obtain copies.
For a detailed breakdown of how this affects your specific property type and lease practices, a free, business-focused guide to S08612's compliance requirements is available.
Source: New York Senate Bill S08612, Section 2 (amending subdivision 8 of section 214).