1. Good Cause Coverage Begins with the Property and Its Owner
City Charter § 10-13 adopts New York's Good Cause Eviction Law within city limits. Real Property Law (RPL) Article 6-A requires a qualifying reason for eviction or nonrenewal of covered tenancies, even after a lease expires.
The Small Landlord Exemption Depends on Ownership
The city exempts small landlords owning no more than one residential unit statewide, compared with ten units in New York City. RPL § 211 considers direct and indirect beneficial ownership, including interests in affiliated entities.
Under RPL § 214(1), landlords asserting this exemption in court must disclose individual owners, their unit holdings, and addresses, excluding principal residences as specified.
Other Property Exemptions Require Separate Proof
RPL § 214 also identifies exempt properties, including:
- Owner-occupied buildings with no more than ten units.
- Condominiums, cooperatives, and certain regulated or income-restricted units.
- Housing with a qualifying certificate of occupancy issued on or after January 1, 2009, within its 30-year exemption period.
- Units rented above 245% of the applicable Monroe County fair market rent.
The high-rent exemption uses published county figures, not rent-increase limits. A recent inspection renewal alone does not establish the 30-year exemption. See Good Cause Eviction Law for statewide context.
2. Covered Homes Require a Statutory Reason for Eviction
RPL §§ 215–216 require a recognized ground for eviction; lease expiration alone is insufficient. Evidence depends on the stated ground.
Rent Arrears Do Not Automatically Establish Good Cause
Nonpayment may qualify unless the alleged debt results from an unreasonable increase. Under RPL § 216(1)(a), an increase is presumptively unreasonable above the lower of 5% plus the applicable regional CPI change or 10% in a calendar year. The Northeast Region CPI applies here.
The presumption is rebuttable. Courts may consider taxes, insurance, utilities, maintenance, and qualifying significant repairs, but not mere cosmetic work.
Breaches and Owner Needs Have Additional Conditions
Other grounds include substantial lease breaches, nuisance, illegal use, and denial of necessary access. Certain breaches require written notice and ten days to cure after receipt under RPL § 216(1)(b).
Personal occupancy claims require clear and convincing proof of good faith and no other suitable unit available in the building. This ground does not apply against tenants aged 65 or older or qualifying as disabled. Demolition and withdrawal have separate proof requirements.
City Charter § 10-13 addresses temporary withdrawal for significant repairs, requiring a documented work plan and timeline and an attestation that no rent or comparable revenue will be collected during the work.
3. Notices and Documents Can Reveal a Defective Claim
A valid eviction ground does not excuse defective notice. Both parties should compare the dates and contents of notices with the lease, payments, and property records.
Different Notices Serve Different Purposes
RPL § 231-c requires a Good Cause applicability notice with specified leases, rent demands, nonrenewal or rent-increase notices, and petitions. The form identifies coverage, exemptions, and reasons when required.
RPL § 226-c generally requires 30, 60, or 90 days' written notice for nonrenewal or rent increases of at least 5%, depending on tenancy length or lease term. This trigger differs from the Good Cause presumption for unreasonable increases.
For nonpayment, RPAPL § 711(2) generally requires a 14-day written rent demand before filing. Other grounds may require distinct notices.
Records Should Match the Legal Ground
Useful records include:
- Leases, renewal offers, rent ledgers, and receipts.
- Notices, service records, and dated communications.
- Deeds, beneficial ownership disclosures, and unit counts.
- Occupancy certificates, inspections, and repair plans.
Payment receipts may rebut arrears; ownership records may challenge exemptions. Keep originals.
4. Court Proceedings Control Possession and Enforcement
RPAPL Article 7 procedures still apply. Landlords generally file a Notice of Petition and Petition and arrange proper service; tenants may contest coverage, grounds, or procedural defects.
Filing Location Depends on the Property Address
For homes within city boundaries, the court is generally Rochester City Court, Civil Division, 99 Exchange Boulevard, Room 6, Rochester, NY 14614 (585-371-3412). Properties outside city limits may belong in a town or village court despite a Rochester mailing address.
RPAPL § 741 requires Good Cause information in the petition, including exemption grounds and required ownership disclosures. See the Eviction Process for broader procedural information.
Physical Removal Requires a Warrant
After a judgment for possession, RPAPL § 749 governs the warrant. An authorized enforcement officer must ordinarily give at least 14 days' written notice before executing it, separately from the prefiling rent demand.
RPAPL § 768 prohibits specified unlawful removals, including lock changes, removal of belongings, and interruption of essential services intended to force out qualifying occupants. A private lockout is not a substitute for a court order.
5. Local Inspection Rules and Other Rights Remain Separate
Building compliance records do not alone decide Good Cause coverage. State habitability and retaliation rules and federal fair housing law impose separate requirements, even for some exempt homes.
Inspection Certificates Do Not Establish the Same Exemption
The city's renewable Certificate of Occupancy program addresses code inspections. In 2026, certain pre-1980 rentals within designated lead high-risk areas became subject to additional requirements.
A renewal under the local inspection program should not be confused with the qualifying certificate and statutory 30-year period under RPL § 214(8). A missing certificate does not automatically decide an eviction.
State and Federal Protections May Still Apply
RPL § 235-b provides a warranty of habitability; RPL § 223-b restricts specified retaliatory actions, subject to exceptions. The federal Fair Housing Act separately prohibits covered housing discrimination and certain retaliation.
Other tenant defenses may apply. See New York tenant rights for broader protections, distinguishing any New York City-specific rules described there.
For eviction in Rochester, NY, check location and ownership first. Then examine the claimed exemption, required notices, and proof.
21 Oct, 2026
