Just cause eviction rules in Colonie, NY — sometimes called tenant protection or "for cause" eviction ordinances — list the specific legal reasons a landlord can end a tenancy.
Colonie does not have just-cause eviction protection. New York's Good Cause Eviction Law, enacted as part of the FY 2024-25 Budget (L.2024 c.56, Part HH) and codified at Real Property Law Article 6-A, applies automatically only in New York City. For cities, towns, and villages outside NYC the statute requires a local opt-in resolution. The Town of Colonie has not adopted Good Cause. Outside the law, the New York Real Property Actions and Proceedings Law (RPAPL) Article 7 permits no-fault non-renewal of a residential lease with the RPL §226-c notice.
New York's 2024 Good Cause Eviction Law (L.2024 c.56, Part HH) added Article 6-A to the Real Property Law, restricting non-renewal and 'unreasonable' rent increases for covered units, defined as market-rate apartments not exempt by reason of owner-occupancy, building size, condominium/co-op status, or new-construction date. Unlike the 2019 HSTPA framework, however, Good Cause applies of its own force only within New York City. For any city, town, or village outside NYC - including the Town of Colonie - the statute requires the local legislative body to pass an opt-in resolution, which may also customize the rent-increase threshold and the small-landlord exemption. The Town of Colonie has not adopted a Good Cause opt-in resolution, and Colonie residential tenancies remain governed by the default New York landlord-tenant framework. Under that framework, a landlord may decline to renew a lease at its end for any non-discriminatory and non-retaliatory reason, with the RPL §226-c notice (30/60/90 days depending on tenancy length). Eviction proceedings are filed in Colonie Town Court under RPAPL Article 7; the predicate notice (typically a 14-day rent demand for non-payment under RPAPL §711(2) or a notice of termination for holdover) is fixed by state statute, and Colonie's Town Code at ecode360.com/CO0290 contains no chapter modifying these procedures. Retaliatory eviction is independently prohibited under RPL §223-b for one year following the tenant's protected activity (such as a complaint to Colonie Building Department or to NY DHCR). The New York Multiple Residence Law (MRL) supplies habitability standards for buildings outside NYC; an eviction predicated on the tenant's MRL complaint can be defended as retaliatory.
Because Colonie has not opted into Good Cause Eviction, a non-renewal of a Colonie lease cannot be challenged on the ground that the landlord lacks 'good cause' the way a New York City or opt-in-jurisdiction non-renewal can. The remaining tenant defenses in a Colonie Town Court eviction are: (a) defective predicate notice under RPAPL §711 or §731; (b) habitability counterclaim under RPL §235-b (the statutory warranty of habitability) and the Multiple Residence Law; (c) discriminatory motive under NY Human Rights Law §296 (including source-of-income discrimination under §296(5)(a), which since 2019 protects Section 8 voucher holders statewide); (d) retaliation under RPL §223-b; and (e) the prohibition on self-help eviction under RPAPL §768 and RPL §235 (criminal misdemeanor, with civil treble damages available). An eviction proceeding filed without the §226-c notice for a non-renewal that increases rent 5% or more is subject to dismissal.
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