Poughkeepsie Court Finds Local Good Cause Eviction Law Void and Unenforceable

Dutchess County landlord sued to evict tenant in its Poughkeepsie building for nonpayment of rent. Tenant asked the court to dismiss the case without trial and challenged his most recent increase of 5 percent over the prior rent. Tenant argued that the rent increase violated the City of Poughkeepsie's recently enacted Good Cause Eviction Law (CGEL). That law prohibited landlords from evicting tenants except under special circumstances.

The court ruled against tenant and found that Poughkeepsie's GCEL was void and unenforceable under the New York State Constitution because it was inconsistent with other state laws on eviction proceedings and therefore pre-empted. The court also found that, even if the GCEL was valid and enforceable, there were questions of fact that would require market analysis of current rents in several nearby apartment complexes. A trial would be needed to determine the facts.

Lakr Kaal Rock LLC v. Paul: Index No. LT-950-22, 2023 NY Slip Op 23070, NYLJ No. 1679336985 (City Ct. Poughkeepsie; 3/1/23; Mora, J)