Just cause eviction

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Just cause eviction, also known as good cause eviction, describes laws that aim to provide tenants protection from unreasonable evictions, rent hikes, and non-renewal of lease agreements. These laws allow tenants to challenge evictions in court that are not for "legitimate" reasons. [1] Generally, landlords oppose just-cause eviction laws due to concerns over profit, housing stock, [2] and court cases. [3]

Contents

United States

New Jersey was the first state to pass a just-cause eviction law in 1974. [1] Interest in these laws has grown in recent years with California passing a just-cause eviction law in 2019 [4] and Oregon passing a bill enumerating valid causes for evicting tenants the same year. [5] Washington passed a similar bill in 2021. [6]

The New York State legislature considered a similar bill in its 2023 legislative session. Senate Housing Chair Brian Kavanagh explained his belief that just-cause laws are "basically the notion that you can't be evicted if you're paying your rent and meet your obligations as a tenant. You can't be evicted for no good reason." [7]

Some cities also have similar ordinances for tenants. [3]

Federal programs

Good cause is also required for evicting a tenant in the Low Income Housing Tax Credit program, [8] although the definition of what constitutes a "good cause" has fluctuated over time [9] [10] and can be defined by state and local governments. [11]

United Kingdom

In England and Wales, a Section 21 notice allows landlords to evict tenants with no cause. [12] The Renter's Reform Bill was proposed on May 17, 2023, to ban no-cause evictions. [13] [14]

See also

Related Research Articles

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<span class="mw-page-title-main">Landlord</span> Owner of a rented building, land or real estate

A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant. When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone from which an economic rent, a form of passive income, is the income received.

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<span class="mw-page-title-main">Lease</span> Contractual agreement in which an assets owner lets someone else use it in exchange for payment

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Eviction in the United States refers to the pattern of tenant removal by landlords in the United States. In an eviction process, landlords forcibly remove tenants from their place of residence and reclaim the property. Landlords may decide to evict tenants who have failed to pay rent, violated lease terms, or possess an expired lease. Landlords may also choose not to renew a tenant's lease, however, this does not constitute an eviction. In the United States, eviction procedures, landlord rights, and tenant protections vary by state and locality. Historically, the United States has seen changes in domestic eviction rates during periods of major socio-political and economic turmoil—including the Great Depression, the 2008 Recession, and the COVID-19 pandemic. High eviction rates are driven by affordable housing shortages and rising housing costs. Across the United States, low-income and disadvantaged neighborhoods have disproportionately higher eviction rates. Certain demographics—including low income renters, Black and Hispanic renters, women, and people with children—are also at a greater risk of eviction. Additionally, eviction filings remain on renters' public records. This can make it more difficult for renters to access future housing, since most landlords will not rent to a tenant with a history of eviction. Eviction and housing instability are also linked to many negative health and life outcomes, including homelessness, poverty, and poor mental and physical health.

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<span class="mw-page-title-main">Cost of Living (Tenant Protection) (Scotland) Act 2022</span> United Kingdom legislation

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<span class="mw-page-title-main">Renters (Reform) Bill 2023</span> Proposed UK housing legislation

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References

  1. 1 2 Cohen, Rachel M. (2023-05-01). "The fight to make it harder for landlords to evict their tenants". Vox. Retrieved 2023-07-07.
  2. "'Good Cause Eviction' bill is top focus as Albany zeros on housing crisis". www.ny1.com. Retrieved 2023-07-08.
  3. 1 2 Kaysen, Ronda (2022-05-21). "What Is 'Good Cause Eviction,' and What Does It Mean for Renters?". The New York Times. ISSN   0362-4331 . Retrieved 2023-07-08.
  4. "Bill Text - AB-1482 Tenant Protection Act of 2019: tenancy: rent caps". leginfo.legislature.ca.gov. Retrieved 2023-07-08.
  5. "Senate Bill 608".
  6. "RCW 59.18.650: Eviction of tenant, refusal to continue tenancy, end of periodic tenancy—Cause—Notice—Penalties". app.leg.wa.gov. Retrieved 2023-07-08.
  7. "Senate Housing Chair Brian Kavanagh On Budget Negotiations, The Future Of Good Cause | NYSenate.gov". www.nysenate.gov. Retrieved 2023-07-08.
  8. "26 U.S. Code § 42 - Low-income housing credit". LII / Legal Information Institute. Retrieved 2023-07-08.
  9. Jolin, Marc. "Good Cause Eviction and the Low Income Housing Tax Credit".
  10. Jolin, Marc (2000). "Good Cause Eviction and the Low Income Housing Tax Credit". University of Chicago Law Review. 67: 521.
  11. "An Advocate's Guide to Tenants' Rights in the Low-Income Housing Tax Credit Program" (PDF).
  12. "No-fault evictions to be banned in reform of rental sector". BBC News. 2023-05-16. Retrieved 2023-07-08.
  13. "Guide to the Renters (Reform) Bill". GOV.UK. Retrieved 2023-07-08.
  14. "Warning more funding needed to enforce no-fault evictions ban". BBC News. 2023-06-27. Retrieved 2023-07-08.