On Monday, November 15, 2021, the City of Poughkeepsie Common Council passed a resolution pertaining to a law that has been categorized as “Good Cause Eviction” legislation.
The law’s intended purpose as set forth by the Common Council is to protect against excessive increases in rent within the City of Poughkeepsie, effectively reducing homelessness. If signed into law by City of Poughkeepsie Mayor Rob Rolison the resolution would effectuate the amendment of Chapter 12 of the Code of the City of Poughkeepsie. Mayor Rob Rolison has ten (10) days to act on the resolution; if he neither signs nor vetoes it, it will automatically become law.
In addition, if signed into law, it would become effectively immediately. The potential law defines good cause as including the following:
(a) when a tenant does not pay rent, so long as the amount due is not the result of an unconscionable increase in rent;
(b) when a tenant violates a legal obligation established as part of his/her tenancy;
(c) when a tenant is a nuisance or damages property;
(d) when a tenant permits illegal activity;(e) when a tenant, without reason, refuses to allow his/her landlord access to complete repairs or to show the premises to a prospective buyer;
(f) when a tenant refuses a written lease in bad faith; or
(g) when a landlord, in good faith, seeks possession of the premises for personal use.
In assessing whether or not a rental increase is unconscionable, the proposed legislation indicates the Court can consider:
(i) the rate of the increase in relation to the tenant’s ability to pay the increased amount;
(ii) improvements made to the premises or common areas;
(iii) whether the increase was the result of a tenant engaging in acts related to health/safety concerns, enforcement of tenants’ rights or participation in tenants’ organization;
(iv) significant market changes; and
(v) the condition of the premises and the common areas.
For more information on the City of Poughkeepsie’s proposed Good Cause Eviction law contact the attorneys at Mackey Butts & Whalen, LLP.