Earlier this month, a state Appellate Court struck down the city of Albany’s “good cause eviction” law.

Benjamin Neidl, the attorney who argued for property owners in the case, told Capital Tonight that the ruling effectively ends the conversation on a local level unless the Court of Appeals, the state’s highest court, decides to hear the city of Albany’s appeal.

Albany was the first city to implement the policy, which requires property owners to give cause for an eviction and limited the amount that they could raise rent on tenants. The rent increases are capped at 5% with exceptions for renovations and higher rises in the consumer price index.

However, the city’s law was struck down by an Appellate Court judge who ruled the city does not have the authority to change the relationship between tenants and property owners and added that power lies with the state, effectively preempting the city’s law.

Neidl argues property owners have concerns about a statewide ‘good cause’ eviction bill because the statewide bill is “nearly identical” to the local Albany law but the state law is a “little more onerous.” Another concern, according to Neidl, is that the bill is “not targeted” and applies to all tenants, rather than ones that need extra help.

The city of Albany submitted a request on Monday to the state’s highest court, but the court does not have to hear it.

Neidl says he expects a “rigorous challenge” to a statewide “good cause” law, should it pass. Neidl says the challenge may be on constitutional issues, rather than the preempting issue that was fatal to the local Albany law.

In an interview with Capital Tonight earlier in the month, Canyon Ryan, of United Tenants of Albany, said that tenants were “scared” following the Appellate Court’s ruling due to losing the protections of “good cause." Neidl argues that there are already “very serious protections” in state law for tenants who are disadvantaged or rent distressed.

The “good cause” eviction bill, which is sponsored by Sen. Julia Salazar and Assemblymember Pam Hunter, has not passed either chamber and sits in the Senate Judiciary and Assembly Housing committees.