Eviction Proceeding Was Commenced Before Good Cause Eviction Law Applied

Landlord of a one-family house sued to evict unregulated tenant on March 26, 2024, after having served a 30-day termination notice. The court assigned an initial return date of June 11, 2024. The case was adjourned while tenant obtained an attorney. Tenant then filed an answer on Aug. 19, 2024, claiming that landlord failed to plead in its court papers that it had a good cause grounds for eviction. Tenant asked the court to dismiss the case without trial, claiming that landlord failed to set forth in its court petition whether the premises was subject to New York's Good Cause Eviction Law (GCEL). The GCEL was signed into law on April 20, 2024, and now restricts the grounds for removal in covered dwellings in actions or proceedings commenced on or after the effective date of the statute. Tenant also claimed that the house was a covered dwelling under the GCEL. Landlord argued in opposition that tenant was improperly asking the court to apply the GCEL retroactively. 

The court ruled against tenant. Although the GCEL doesn't define the word "commence," Civil Court Act Section 400 provides that an action or proceeding in Civil Court was "commenced by filing a notice of petition and petition." Appellate courts in both the First and Second Departments have ruled that, under CCA Section 400, the commencement date of an eviction proceeding in housing court was the date a petition was filed with the court. Because landlord's court petition was filed before the effective date of the GCEL, landlord wasn't required to plead or prove a good cause ground for eviction. At the time the case was commenced, the law permitted landlord to terminate the unregulated tenancy at will without good cause. 

QN St. Albans Holdings LLC v. Sands: Index No. L&T 305136/24, 2024 NY Slip Op 24252 (Civ. Ct. Queens; 9/26/24; Schiff, J)