Sherwin Belkin, Co-Founding Partner of Belkin Burden Goldman, LLP, was quoted in the Law360 article titled “Flash Points in Early Months of NY’s Good Cause Eviction Law.” The article discusses how New York’s new “Good Cause” eviction law has created uncertainty around lease renewals and rent increases, with limited guidance from the state’s Department of Homes and Community Renewal.
Belkin expressed support for the court’s reversal in the case involving 1719 Gates LLC but argued that the Judge erred by giving the tenant a chance to cure by paying rent. He stated, “There is nothing in [Good Cause Eviction] … that says this is a curable offense at all. Taking the judge’s theory to its own logical extension, every basis for not renewing based on good cause would somehow be curable by the tenant.”
Belkin also highlighted the need for greater clarity regarding the law’s annual threshold for “unreasonable” rent increases, initially set at 8.82% for the first year. He explained, “I’ve had tenants or landlords asking, ‘What do I do if I want to renew a lease for more than one year?’” noting that the law only specifies the maximum allowable rent increase for the current year. Belkin added that New York State’s Department of Homes and Community Renewal, responsible for setting annual rent cap guidance, has yet to provide any clarification on these issues. “Either the courts or the Legislature will need to weigh in to clear up the confusion,” he concluded.
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