New York City tenants facing eviction under the 2024 Great Cause Eviction Law are grappling with an unexpected legal gray area: the vague definition of “demolition.” Landlords are exploiting this ambiguity to bypass tenant protections, leaving residents like Feryal Nawaz, Carla Orlandi, and Parisa—three 27-year-old roommates in an East Village apartment—to question whether their home will be torn down or simply renovated beyond recognition.
The roommates, who share a three-bedroom, 1.5-bathroom apartment along 2nd Avenue, have built a life there over the past three years. They host movie nights, decorate for birthdays, and keep deflated air mattresses ready for overnight guests. Their lease expires at the end of June, but their landlord has cited “demolition” as the reason for not renewing it—a loophole in the law that allows evictions when a housing accommodation is slated for destruction. The landlord’s lawyer provided renovation plans showing the kitchen and bathroom would be relocated within the unit, while city permits reveal plans to renovate 10 apartments in the building.
Yet the law’s wording leaves critical questions unanswered. Does “demolition” apply only to entire buildings, or can it include gutting individual apartments? Ellen Davidson, an attorney with the Legal Aid Society who helped draft the law, admits the term is ambiguous. “We don’t know what demolition of an apartment means,” she said. “It’s a live question.” The uncertainty has forced tenants to navigate legal battles with unclear rules, while landlords like the LLC representing the roommates’ building remain silent on their intentions.
Legal Battles Over Definitions
The ambiguity has already sparked multiple lawsuits. In one East Village case, tenants challenged their landlord’s claim that their apartments would be demolished, only to later discover the landlord planned renovations. Their lawyer cited the Oxford Dictionary’s definition of “demolish”—”to tear down,” “to destroy,” or “to wipe off the face of the earth”—arguing a single apartment cannot be demolished. Judge Tracy Ferdinand acknowledged that an apartment could be considered a “housing accommodation” but left open whether renovations constituted demolition. The case is now headed to trial, though its outcome may not apply to other tenants, as Housing Court rulings require appeals to set precedent.
A second case on the Upper West Side involves five apartments in a historic Renaissance Revival-style townhouse. Tenants’ lawyer, James Fishman, argued that demolition would require Landmarks Preservation Commission approval and that renovations are not the same as demolition. “I think the whole point of the statute is to protect tenants in their apartments,” Fishman said, calling the landlord’s claim a “loophole.” Neither the landlord nor their attorney responded to requests for comment.
Uncertain Futures
The roommates in the East Village are among many tenants caught in the legal limbo. They’ve rejected cash incentives to leave early and are now weighing their options: move out, fight in court, or hope for legislative clarity. “There’s so many loopholes in these laws,” said Parisa, who declined to share her last name. “If it’s really meant to help us, you shouldn’t have to be a lawyer to understand it.” Their decision hinges on whether they believe the law will protect them—or if they’ll be forced out regardless.
Legal experts suggest the ambiguity could persist for at least a year, as courts and lawmakers grapple with defining “demolition.” Sherwin Belkin, a landlord attorney, advises clients to pursue “gut renovations”—leaving only the apartment’s four walls—to avoid legal challenges. “Your best case is to create a blank box,” he said. Housing lawyers, however, warn that tenants may not know whether their apartments will be demolished or merely renovated until it’s too late.
The roommates suspect their landlord’s true goal is to renovate and raise the rent—they’re already paying $6,200 monthly. Finding a new place would be difficult; Nawaz and Orlandi have lived there longer than anywhere else since college, while Parisa, who moved from Atlanta, has built a support network in New York. “It does suck being the guinea pig,” Nawaz said, “but I do think this is probably happening to a lot of people out there.”
Frequently Asked Questions
What is the Good Cause Eviction Law?
The 2024 law requires landlords to provide a valid reason—such as non-payment, lease violations, or demolition—for evicting tenants in unregulated apartments. It also caps rent increases and mandates lease renewals for most tenants.
Can landlords use “demolition” to evict tenants?
Yes, but the term is undefined in the law. Courts are currently interpreting whether “demolition” applies only to entire buildings or can include renovations that gut individual apartments.
What are tenants doing to fight evictions?
Tenants are consulting lawyers, tenant hotlines, and local representatives while deciding whether to challenge evictions in court. Some, like the East Village roommates, are preparing to fight regardless of the outcome.
With landlords exploiting legal loopholes and courts still defining “demolition,” how can tenants know if their homes are truly at risk—or if they’re being pushed out for profit?
