This guide is general information, not legal or tax advice. Rules change, so confirm current requirements with the relevant agency or your attorney.
Good Cause Eviction generally does not cover a Brooklyn brownstone or small building if the owner lives in it and it has 10 or fewer apartments, or if every owner holds 10 or fewer units in New York State. Where the law does apply, HPD says a rent increase above the 2026 local rent standard of 8.38% could be found unreasonable, and HCR's 2026 figures exempt Brooklyn apartments renting above 245% of fair market rent, which is $7,130 a month for a two-bedroom. Whether it covers a specific apartment is a question for your attorney.
What does Good Cause Eviction mean for Park Slope and Windsor Terrace brownstone owners?
Many rentals in Park Slope, Windsor Terrace, South Slope and Kensington are two- to four-family brownstones and rowhouses, often with the owner living upstairs. Two exemptions matter most for those buildings: owner-occupied buildings with 10 or fewer apartments, and small landlords who own 10 or fewer units statewide. If neither fits, the rent cutoff below can still take a larger apartment out of the law, depending on its rent and bedroom count (HPD).
Is my brownstone or small building exempt from Good Cause Eviction?
Often, yes. Many brownstones in Park Slope and Windsor Terrace have two to four apartments, so an owner who lives in the building generally falls under the owner-occupied exemption, and an owner with 10 or fewer units statewide generally falls under the small-landlord exemption. According to HPD, the law does not cover, among others:
- Owner-occupied buildings with 10 or fewer apartments, even if the owner owns more units elsewhere.
- Small landlords who own 10 or fewer units (apartments or single-family homes) in total in New York State.
- Rent-stabilized or rent-controlled apartments, which are already regulated.
- Condo and co-op apartments.
- Homes built on or after January 1, 2009, until 30 years after the certificate of occupancy was issued.
- Apartments renting above 245% of fair market rent (see the table below).
HPD lists other exemptions too, such as seasonal homes and housing provided with a job. Generally, meeting any one exemption is enough.
How are the 10 units counted if I own through an LLC?
Person by person. HPD says that when a company such as an LLC owns the building, each individual owner of the company must own 10 or fewer units in total in the state, counting every unit in any building where that person is a full or partial owner. In an eviction case, a landlord claiming this exemption must give the tenant a list of the homes they own in the state, not counting their own primary residence.
What is the 8.38% local rent standard for 2026?
It is the rent increase HPD treats as the reasonable limit for covered apartments. The standard is inflation plus 5%, capped at 10%. HCR publishes the 2024-to-2025 change in the New York-Newark-Jersey City consumer price index as 3.38%, and HPD says that as of May 4, 2026 the standard is 8.38% (3.38% + 5%).
- Park Slope example: at StreetEasy's September 2026 median asking rent of $5,195 for a two-bedroom, 8.38% is $435.34 a month, so a renewal above $5,630.34 could be challenged. ($5,195 × 1.0838 = $5,630.34.)
- Not an automatic cap. HPD says the court decides in an eviction case whether an increase is unreasonable, and landlords can give reasons for a higher increase, such as significant repairs or higher property taxes.
What is the $7,130 rent cutoff, and does it depend on bedrooms?
Yes. The cutoff is 245% of HUD's fair market rent, and it changes with the number of bedrooms. $7,130 is the two-bedroom figure for Kings County (Brooklyn) in HCR's 2026 notice; HPD says HCR updated the amounts as of May 4, 2026. An apartment renting for more than the figure for its size is not covered.
| Apartment size | HUD fair market rent, per month | 245% cutoff, per month |
|---|---|---|
| Studio | $2,529 | $6,196 |
| 1 bedroom | $2,655 | $6,505 |
| 2 bedrooms | $2,910 | $7,130 |
| 3 bedrooms | $3,644 | $8,928 |
| 4 bedrooms | $3,959 | $9,700 |
Do I have to give tenants a Good Cause notice even if I think I'm exempt?
Generally, yes. Since August 18, 2024, HPD says landlords must give a notice saying whether the law applies and, if it does not, why. It is required when offering a new or renewal lease, when not renewing or ending a tenancy, when raising the rent more than 5%, with a 14-day rent demand, and with an eviction petition. Template notices are on HCR's Good Cause page and HPD's page.
What counts as good cause to end a covered tenancy?
HPD lists reasons including unpaid rent (unless caused by an unreasonable increase), a substantial lease violation, nuisance or damage, illegal use, refusing access for repairs, and refusing reasonable lease changes offered in writing 30 to 90 days before the lease ends. Owner or family move-in also counts, except where the tenant is 65 or older or has a disability.
How can I check where my building stands?
- Count every unit each owner holds in New York State, including through LLCs and partial interests.
- Note whether you live in the building and how many apartments it has.
- Confirm whether any apartment is rent stabilized, and the year the certificate of occupancy was issued.
- Compare each apartment's rent with the cutoff for its bedroom count.
- Use the HCR or HPD template notice at each lease offer, renewal or increase over 5%.
- Take your answers to your attorney. This guide explains the rule; it is not legal advice.
For other annual deadlines, see the compliance calendar for small buildings. Weighing whether to keep handling renewals and notices yourself? See is property management worth it for a small Brooklyn landlord? and hiring a property manager vs. self-managing in Brooklyn.
Frequently asked questions
Does Good Cause Eviction apply to a two-family house I live in?
Generally no. HPD says the law does not cover buildings with 10 or fewer apartments where the owner lives in the building. Confirm with your attorney for your specific house.
What is the Good Cause Eviction rent increase limit for 2026?
HPD says the local rent standard is 8.38% as of May 4, 2026: inflation of 3.38% plus 5%. An increase above it could be found unreasonable by a court, and landlords can give reasons for a higher increase, such as major repairs or higher taxes.
What rent makes an apartment exempt from Good Cause Eviction in Brooklyn?
Rent above 245% of HUD fair market rent. Per HCR's 2026 notice, the Kings County cutoffs are $6,196 for a studio, $6,505 for one bedroom, $7,130 for two bedrooms, $8,928 for three and $9,700 for four, per month.
Does Good Cause Eviction cover rent-stabilized apartments?
No. HPD says homes whose rents or evictions are already regulated, such as rent-stabilized or rent-controlled apartments, are not covered. Those apartments follow their own rules.
Do exempt landlords still need to give a Good Cause notice?
HPD says landlords must give a notice saying whether the law applies and, if not, the reason, at certain times such as a new or renewal lease offer or a rent increase above 5%. Ask your attorney how this applies to you.
