Judge strikes down Newburgh's Good Cause Eviction law: What it means for the Hudson Valley

CITY OF NEWBURGH − The city’s law preventing landlords from evicting tenants without “good cause” has been struck down by a judge.

In the decision, Orange County Supreme Court Justice Sandra B. Sciortino said parts of Newburgh’s law are in “direct conflict with state law.”

Both supporters and opponents of local Good Cause Eviction laws agreed the decision could have resounding effects throughout the Hudson Valley and New York.

Benjamin Neidl, the Troy-based lawyer who sued Newburgh, its local court and Mayor Torrance Harvey on behalf of several Newburgh landlords, said the decision could be a sign of what is to come in cities like Poughkeepsie, Beacon, Kingston and Hudson, where similar laws have been passed.

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“Going forward, if landlords are denied evictions under those local laws, I do think these decisions are going to be a powerful precedent for those local courts to have to say we can't enforce these local laws,” Neidl said.

Aaron Narraph Fernando, the communications lead for local social justice nonprofit For the Many, said he fears the decision could discourage municipalities from attempting to pass their own laws protecting tenants.

“(Landlords in other cities) will point to this decision and say, ‘look, this judge agreed with us, therefore, you shouldn't even try to protect your tenants because you’ll just be overruled anyway,’” he said.

Narraph Fernando noted the laws generally do not apply to small landlords. Newburgh's law does not apply to  "owner-occupied premises with less than four units."

Newburgh's Good Cause Eviction law

Newburgh became one of the first New York communities to pass a Good Cause Eviction law in October 2021. These laws prevent landlords from increasing rent more than a certain amount or from evicting tenants without proof of good cause − even when a lease has expired.

But Newburgh's law quickly came under fire by landlords who felt the law placed too many restrictions on them. Several disgruntled landlords, including the president of the Orange County Landlord Association, Michael Acevedo, sued the city, its local court and Mayor Torrance Harvey in February of this year. Through Neidl, they argued that the local law conflicts with state laws already on the books.

“The state Legislature sets out a really long set of provisions that are carefully balanced to protect the rights of both landlords and tenants,” Neidl said. “What localities can’t do is come in and say, ‘Well within the city of Newburgh it isn’t going to work that way, and within the city of Newburgh we are going to take away these particular grounds for eviction from the landlord.’”

He added, “Newburgh just doesn't have the power to draw a circle around Newburgh and say, ‘Those state laws won't apply here.’ It's really that simple.”’

Narraph Fernado said For the Many disagreed and believes Newburgh’s law is “completely legal.”

‘If judges have decided that cities can't protect our tenants, then it has to be up to the state Legislature,” he said.

Neidl previously filed a similar lawsuit on behalf of landlords in Albany, where the state’s first Good Cause Eviction law was passed. A judge in Albany said the capital's local Good Cause Eviction law conflicted with state law, but the city appealed to an appellate court and the case is still making its way through the court.

Neidl noted that Newburgh also has the option of appealing to an appellate court.

What happens next?

“There's a lot of argument whether this was the right thing or the wrong thing,” Neidl said. “One could have that policy argument all day long. But it's clear that a locality can't do it. You know whether the state will do it or should do it? That's a big debate, but cities can't.”

Narraph Fernando said he hopes local municipalities aren't deterred from passing their own Good Cause laws, but For the Many is ready to advocate for Good Cause Eviction at the state level in 2023.

"If judges won’t allow cities to protect their tenants, Governor Hochul and the state Legislature must pass Good Cause protections statewide," he said.

In addition to trying to reach state politicians, Narraph Fernando said much of For the Many's work over the coming months will deal with educating the public about Good Cause Eviction laws and reminding people that the laws are intended to prevent corporate landlords from taking advantage of tenants and causing unrest in the community.

"Homeowners should want there to be stability in our communities. We don't want to have a lack of stability in our neighborhoods. We don't want to have people being forced out of their homes and more people coming in and out, in and out, in and out," he said. "That's not good for anybody. We want to have stability in our neighborhoods, and 'Good Cause' will provide that stability."

Erin Nolan is an investigative reporter for the Times Herald-Record and USA Today Network. Reach her at enolan@gannett.com.

This article originally appeared on Times Herald-Record: Newburgh's Good Cause Eviction law struck down; what's the impact?