The Code of the City of Albany § 30-327 provides that "[n]o landlord shall, by action to evict or to recover possession, by exclusion from possession, by failure to renew any lease, or otherwise, remove any tenant from housing accommodation except for good cause as defined in [the Code of the City of Albany § 30-328]." In turn, the Code of the City of Albany § 30-328 (A) states that "[n]o landlord shall remove a tenant from any housing accommodation, . . . notwithstanding that the tenant has no written lease or that the lease or other rental agreement has expired or otherwise terminated, except upon order of a court" finding that the landlord has established one of the 10 listed "grounds as good cause for removal or eviction." Among other enumerated grounds, good cause is established when "[t]he tenant has failed to pay rent due and owing; provided, however, that the rent due and owing . . . did not result from a rent increase or pattern of rent increases which, regardless of the tenant's prior consent, . . . is unconscionable or imposed for the purpose of circumventing this article" (Code of the City of Albany § 30-328 [A] [1]). In determining whether a rent increase is unconscionable, a court "may consider, among other factors, i) the rate of the increase relative to the tenant's ability to afford said increase, ii) improvements made to the subject unit or common areas serving said unit, iii) whether the increase was precipitated by the tenant engaging in activity described [in RPAPL 223-b (1) (a)-(c)], iv) significant market changes relevant to the subject unit, and v) the condition of the unit" (Code of the City of Albany § 30-328 [A] [1]). Furthermore, a rent increase over 5% in a single year creates a rebuttable [*3]presumption that the rent increase is unconscionable (see Code of the City of Albany § 30-328 [A] [1]).