LOCAL LAW NO. ____ - 2025
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A LOCAL LAW AMENDING PART IV OF THE CODE OF THE CITY OF YONKERS ENTITLED “BUSINESS REGULATIONS, LICENSING AND CONSUMER PROTECTION” BY ADDING A NEW CHAPTER 41 THERETO CAPTIONED “PROHIBITION OF EVICTION WITHOUT GOOD CAUSE”.
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BY CITY COUNCIL PRESIDENT COLLINS-BELLAMY:
BE IT ENACTED, by the City Council of the City of Yonkers, as follows:
SECTION 1. Part IV of the Code of the City of Yonkers entitled “Business Regulations, Licensing and Consumer Protection” is hereby amended by adding thereto a new Chapter 41 captioned “Prohibition of Eviction Without Good Cause” to read as follows:
Chapter 41 Prohibition of Eviction Without Good Cause
§41-1 Findings; Legislative Intent.
A. The City of Yonkers finds that housing stability is among the largest factors contributing to successful outcomes for the City as a whole and to each of its residents and their families. This is particularly important in communities within the City who have been marginalized, specifically in the area of access to quality, affordable, and stable housing.
B. On April 20, 2024 the New York State Legislature enacted the Good Cause Eviction Law (Article 6-A of the Real Property Law of the State of New York, §§210-218) (collectively, (the “Good Cause Eviction Law”) that, unless exempted, applies to all new leases and renewal leases in New York City and in any other villages, towns, or cities which choose to opt-in to the law. The Good Cause Eviction Law allows local municipalities such as the City of Yonkers to voluntarily opt-in to its provisions by the adoption of a local law.
C. Exercising its right to opt-in to the provisions of the Good Cause Eviction Law by the enactment of the provisions of this Chapter 41 will give the City of Yonkers an important tool to provide and promote greater housing stability for its residents and their families. Under this Chapter 41, landlords subject to its provisions will be prohibited from taking any action to evict, fail to renew a lease, or otherwise seek to remove a tenant from a housing accommodation except for good cause as provided in the Good Cause Eviction Law.
§41-2 Protections Established legislative authority.
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The City of Yonkers hereby adopts and establishes a prohibition of eviction without good cause pursuant to the provisions of §213 of Article 6-A of the Real Property Law of the State of New York (the “Real Property Law”), as the same may, from time to time hereafter, be amended, supplemented and/or restated.
§41-2 Eviction Protections.
A. Except as otherwise expressly provided in this Chapter 41, all provisions set forth in Article 6-A of the Real Property Law as the same may, from time to time hereafter, be amended, supplemented and/or restated, are hereby adopted by the City of Yonkers.
B. Pursuant to §213(2)(a) of the Real Property Law, for the purposes of this Chapter 41 and notwithstanding any default provision to the contrary, any unit on or within a housing accommodation shall be exempt from the provisions of this Chapter if such unit has a monthly rent above [245%][345%][OTHER?] of the fair market rent as calculated from time to time pursuant to Article 6-A of the Real Property Law by the United States Department of Housing and Urban Development and published for the County of Westchester by the New York State Division of Housing and Community Renewal.
C. Pursuant to §213(2)(b) of the Real Property Law, the City of Yonkers defines “small landlord”, for purposes of this Chapter 41, to mean a landlord of no more than [one (1)][ten (10)][OTHER?] unit[s] anywhere in the State of New York.
D. For purposes of this Chapter 41:
(1) the term “nuisance” shall mean either a public nuisance or a private nuisance;
(2) the terms “withdraw from the housing rental market” or “remove from the housing rental market” shall include, without limitation, a temporary removal or withdrawal from the housing rental market of a housing accommodation for the purposes of making significant repairs or improvements to a housing accommodation where such withdrawal or removal is evidenced by (a) documentation describing in reasonable detail the specific work to be accomplished and the timeline therefor, and (b) a written affidavit or affirmation under oath that no rent or analogous revenue has been or will be collected for or during the period of such work.
§41-3 Expiration Date.
This Chapter 41 shall expire and be deemed repealed on June 15, 2034 unless, prior to such automatic expiration date, Article 6-A of the Real Property Law is either (a) extended by the State of New York, whereupon this Chapter 41 shall likewise be extended, either automatically, if mandated by the provisions of such extension of Article 6-A, or at the option of the City by the due adoption of an amendment to this Chapter 41, or (b) terminated by the State of New York whereupon this Chapter 41 shall be terminated and deemed repealed as of the effective date of such termination of Article 6-A.
SECTION 2. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.