Some landlords concerned after Good Cause Eviction legislation passes in Rochester
Dec 18, 2024
ROCHESTER, N.Y. (WROC) -- One day after Rochester City Council officially approved Good Cause Eviction protections for renters, there is more reaction from both councilmembers, and those opposing the measure.
Rochester City Council approves updated Good Cause Eviction protections
Good Cause Eviction, which aims to protect renters from rate hikes, unfair evictions and would guarantee a lease renewal to anyone who pays on time, is set to take effect as soon as the mayor signs it into law. While it passed the legislative body Tuesday evening, there were two councilmembers who voted against it. Local landlords are also now reacting to the new measure.
Matt Drouin runs Oak Management Group and is also the President of the trade organization, "Freedom First Investors Association, Ltd." Additionally, he is part of Mayor Malik Evan's Quality Housing Task Force, which first formed upon the initial start of the administration in January 2022.
Drouin described Good Cause Eviction as another layer of regulation, anticipating it will compound with the changes already set in place by the state in 2019 under the Housing Stability and Tenant Protection Act. That measure expanded protections for renters in New York State and drastically limited the opportunity for regulated rents to rise at rates higher than what is in a renter guideline under annual limits.
"What does it look like exactly from an implementation standpoint and then how it actually gets applied and interpreted through the courts systems as well and that's still yet to be seen. So, what I'm encouraging property owners to do now is to get educated, surround yourself with people who are in trade associations that have a dissemination of information that is actually correct to keep you in compliance so you do not get yourself into trouble and also can be educated on best practices to how to navigate this," Drouin said.
Good Cause will mandate landlords have a legitimate reason to evict a tenant, even within market-rate apartments. Landlords will also now have to prove if a tenant violated a lease obligation, was engaging in illegal activity, and/or unreasonably refusing to give landlord access.
"We all know that we've had neighbors that can be hell-raisers, and sometimes they're tenants, sometimes they're homeowners and the typical mechanism for landlords to get those disturbing tenants out - whether it's through drug dealing or domestic violence issues - is through not renewing their lease, and then just getting them out through a holdover proceeding. That goes away under Good Cause," Drouin said.
"If we have tenants that are displaying objectionable tendency, we're going to have to essentially build like a criminal case against them in order to get a warrant of eviction to get them out, which this takes time and it takes money, and it also takes resources. Because a lot of times property owners have been lackadaisical about documenting tenant behavior - those ones that have actually been disturbing to either their other residents in their apartment building or other neighbors. you can't be lackadaisical about it anymore. You're going to have to like really to document and notify the tenant of every single violation, and lease violation they've done, to the letter of the law in order to actually build a case against that tenant and get a warrant of eviction in court to get them out," he added.
"The second component is the build-in rent control component of it. The rent cap increases that are built in the legislation, which I believe it's like 3% plus CPI or 10% per year, whichever is less - is not going to be a problem for people that are already living in stabilized housing. You know housing has already been upgraded, has new roofs, new windows; it's higher quality right. What this is going to effect is that it will protect tenants that are in already-dilapidated housing and are paying cheap rent from getting displaced from another owner buying that building that wants to upgrade it and do all of those necessary repairs, so those tenants will be able to stay in place," Drouin said.
In a joint statement issued by council members who voted in favor of passing Good Cause, including Kim Smith, Mary Lupien, Stanley Martin, and Willie Lightfoot, the decision to approve the measure is "historic" and credited the years' long efforts of City-Wide Tenant Union of Rochester.
"Their efforts resulted in Council amending the proposed law, closing the “LLC loophole” to protect 24,000 additional households left unprotected by the previous version introduced in June," the statement read.
Councilmember Kim Smith reflected on the community's unwavering determination, stating:
"This victory underscores the power of persistence in addressing the needs of the people. Our journey for Good Cause began over three years ago. Even after being initially dismissed as a state issue, and even when it was delayed by months of deliberation, the community refused to be deterred. At every step, they showed up with renewed resolve, because they know what we know—housing is a human right."
Councilmember Mary Lupien expressed her commitment to ongoing efforts, saying:
"We've worked very hard to see this day come. Good Cause Eviction is a critical tool in our fight against housing instability, but it is only the beginning. Stable housing is the foundation for safe and strong neighborhoods, and for opportunity. We can and we must do more. We remain committed to further measures that will ensure every Rochester resident has a home where they can thrive."
Councilmember Stanley Martin emphasized the importance of Good Cause, stating:
"This win is a result of the relentless advocacy of tenants, community organizations and an intentional co-governance strategy that centers the voices of directly impacted communities. For several years, tenants in our community have drawn attention to unjust no-cause evictions and the devastating impact it has on their families. The Good Cause Eviction Law prioritizes keeping people in their homes—it is a crucial step in recognizing that at the center of community health and wellness is safe and affordable, secure housing. While we’re excited about the positive changes this law will bring for renters, we know there's still more to do to effectively address Rochester's housing crisis. For today, we celebrate a hard-won victory for our City."
Councilmember Willie J. Lightfoot deliberated the impact of this legislation long and hard and ultimately recognized that:
"Enacting Good Cause Eviction legislation is a critical step in ensuring that all individuals have access to safe, stable, and affordable housing. By protecting tenants from unjust evictions and exorbitant rent increases, we are upholding the values of fairness and community. This legislation is a testament to our commitment to housing justice and the protection of our most vulnerable citizens. Together, we can build a more secure and equitable future for all."
The statement also noted that the council members are aware this is a 'first step' in addressing a broader agenda to transform housing security in the city, adding "over half of its renters are rent-burdened, paying over 30% of their income on rent."
Drouin told News 8 the measure does not get to the heart of several ongoing complications, including public safety and neighborhood stability.
"Good Cause Eviction does not increase the accessibility of housing, does not increase the supply of housing -- all it does is it keeps a few residents able to be like stay where they are. Right, which may be in sub-standard housing. And it does not do anything to address the root cause of the issue, which is the cost to provide housing has outpaced what our community, what residents in our community have the ability to afford and that is an income problem, not a cost of housing problem," Drouin said.
He also noted income, as a holistic topic, is an extremely complex issue to 'fix.'
"We have people that aren't making enough money to, say, go to work and also pay for child care and all of the other expenses that are associated with it so we really have to address the income situation in our community...We do need more bona fide affordable housing units, which we have some of the best affordable housing developers in the country in Rochester, NY. But those wheels move very, very slow and under Good Cause Eviction, we're going to have more units actually coming offline due to being abandoned and vacant and boarded up based upon the systemic impacts that Good Cause will have at a higher clip and a faster pace that affordable housing developers can actually provide new housing units," said Drouin.
"And this is an incredibly essential business, is housing, right? A lot of people want to say that nobody should profit off of housing and if we have no profit off of housing then we have no housing, just like if we have no farmers we have no food," he added.
The statement issued by the four city council members Wednesday evening noted the measure will officially go into law once the mayor signs it.