Good Cause Eviction is a New York State law that went into effect on April 20, 2024. It gives some tenants of unregulated (also known as “market rate”) homes in New York City new protections.
Homeowners' Associations in New York, or otherwise known as Common Interest Communities, are regulated by the Attorney General's office and must be set up as non-profit organizations. They are governed by NY Not-For-Profit Corporation Law, the Association's Articles of Declaration, and Bylaws.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Key Takeaways: HOAs Cannot Directly Evict Tenants – While HOAs enforce rules and maintain community standards, they cannot directly evict tenants. However, rule violations, unpaid fees, or legal actions initiated by the HOA can impact the property owner, potentially leading to eviction through the landlord.
The New York State Eviction Moratorium that allowed tenants to file a hardship declaration to stop their eviction expired on January 15, 2022. Landlords are now allowed to serve court papers and the courts will be resuming eviction proceedings even if you filed a hardship declaration.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
The Office of the New York State Attorney General (OAG) requires that the sponsor file an offering plan for the homeowners association, and that the sponsor maintain the commitments it made in the offering plan. The OAG's jurisdiction is limited to ownership and maintenance of HOA common property.
Homeowners' Associations in New York, or otherwise known as Common Interest Communities, are regulated by the Attorney General's office and must be set up as non-profit organizations. They are governed by NY Not-For-Profit Corporation Law, the Association's Articles of Declaration, and Bylaws.
HOA Approval: 8 Tips to Quickly Get to Yes! Review your Covenants, Conditions, and Restrictions. Speak with your Neighborhood's Property Manager. Obtain a List of Pre-Approved Colors or Get Guidance on your Options. Don't be a Copy Cat. Going Without Guidance. Add Time for the Approval Process. Build Your Case.
You could start an HOA with the homeowners who consent, of course. And you can try to talk all owners into it by explaining the value they will receive. Depending on the facts, it may or may not be a tough sell. Ordinarily, the purpose of an HOA is to restrict what people can do with their properties.