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New Jersey passed the Anti-Eviction Act of 1974, becoming the first state to enact a just cause eviction law. [1] California passed the Tenant Protection Act of 2019 to remedy the state's housing shortage, leading to renewed interest in utilizing just cause eviction laws to counteract the national housing crisis. [8]
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).
The one major proposal which did not pass was a "good cause" eviction bill, which would have made it far more difficult for landlords to evict tenants from their apartments in the absence of misdeeds by the tenants. [8] [14] The HSTPA rent regulation laws did not expel all exit paths for buildings to remove themselves from regulation though.
After he complained again, he received an eviction notice. "People are really suffering, and they do need protections," Manning said. "And I think something like this could really help them."
A small group of landlords want Newburgh's so-called good cause eviction law thrown out on basis of state law preemption and governmental overreach.
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In the United States, tenant unions in the state of New York have pushed for the passage of just-cause eviction laws following the end of COVID-19 eviction moratoriums. Just-cause could include non-payment, lease violations, nuisance cases, or if a landlord wants to move into the property. [8] Tenants unions in the US have also helped halt ...
A tenant can use retaliatory eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized in the D.C. Circuit case Edwards v. Habib. In California, retaliatory eviction is considered an affirmative defense and can be used to defend a case.
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