Good Cause Eviction Law Applied to Case Commenced After April 20, 2024

Landlord of a two-family house sued to evict tenant after her lease term ended and after serving a 90-day termination notice on Nov. 16, 2023. In response to the eviction petition, tenant claimed that the Good Cause Eviction Law (GCEL) applied to prevent tenant's eviction, and that landlord failed to argue in its court petition that that any GCEL exemption applied. Tenant asked the court to dismiss the case.

The court ruled for tenant. The GCEL became effective on April 20, 2024. Landlord's case was "commenced" when the Notice of Petition was served on tenant on May 7, 2024. Since this was after the GCEL became effective, the GCEL was applicable to the case. The GCEL required additional information to be included in landlord's court petition, including information required for it to claim an exemption from the GCEL. Landlord argued that the termination notice served on tenant predated the effective date of the GCEL. But the petition was served after the effective date of the law and landlord's argument that the GCEL didn't apply to this proceeding based on the tenancy termination date was mistaken and not supported by the language of RPAPL Section 741(5-a) and (5-b).  

Landlord's attorney prepared the court petition papers on Mar. 5, 2024, and served the papers on tenant on May 7, 2024. The first court date was on May 20, 2024.  

Doc Realty Mgt. Inc. v. Morales: Index No. LT-304022-24, 2024 NY Slip Op 24239 (Civ. Ct. Queens; 9/3/24; Sanchez, J)