Legal Aid Society
hamburger

News

Housing Advocates: "Good Cause" Eviction Law is Constitutional

Housing advocates are coming to the defense of Albany’s “Good Cause” eviction law, which is being challenged in a lawsuit brought by landlords, real estate companies, and property owners.

The Legal Aid Society, Legal Services of the Hudson Valley, and The Legal Aid Society of Northeastern New York on behalf of Legal Aid Society of Northeastern New York, Community Voices Heard, United Tenants of Albany, and For The Many submitted a motion seeking to file an amicus brief in that suit, Deborah Pusatere et al v. The City of Albany et al, in support of the protections.

“Good Cause” eviction laws prohibit landlords from evicting tenants in unregulated apartments without a good reason. In the absence of this law, tenants are vulnerable to the whims of their landlords. Housing advocates are pushing lawmakers to enact these protections statewide.

The brief points out the need for such protections as a means of preventing homelessness and also dispels some popular talking points of those who oppose the legislation, namely that these laws amount to rent control or are fundamentally unconstitutional.

“It does not compel landlords to rent out their properties which the plaintiffs all do voluntarily. Not one plaintiff has claimed that the law will cause them any economic harm, let alone severe enough harm to violate the United State Constitution,” the brief reads in part. “Both state and federal law is clear, the government is allowed to override contracts to advance the public interest.”

Read the full brief here.