City of Kingston Votes To Adopt the Emergency Tenant Protection Act

Overview

On July 28, 2022, the City of Kingston voted to adopt the New York State Emergency Tenant Protection Act (ETPA). This vote was taken after the Common Council reviewed the results of a Housing Vacancy Rate Analysis it had commissioned for residential properties with six or more units that were built before January 1, 1974. The analysis found a vacancy rate below the 5% threshold required to declare a state of public emergency requiring the regulation of certain residential rents. A copy of the resolution can be accessed here.

The New York State Division of Housing and Community Renewal (DHCR) is responsible for administering the ETPA. All forms and information for owners can be found on the Owners and Managers page. All forms and information for tenants can be found on the Tenants page. These will detail the respective rights and responsibilities relating to Initial Registrations, rent increases, leases, maintenance of services, and protections from unlawful harassment and evictions. Owners and tenants can also call 1-833-499-0343 to access information and receive assistance.

The DHCR Office of Rent Administration is sending a mailing to the owners of buildings in Kingston that the municipality had identified as being subject to the Emergency Tenant Protection Act. It contains a letter providing an overview of ETPA procedural requirements. Sample forms, reference material and contact information for assistance are also provided.

Owners are responsible for promptly filing Initial Registration forms with DHCR for their subject buildings. Owners must serve each rent stabilized tenant with a copy of the Initial Apartment Registration form. The form contains an “Important Notice to the Tenant” on the back of the form.

A Rent Guidelines Board will be created and will vote to establish rent increase guideline rates, including a Fair Market Rent Guideline, that are specific for rent stabilized apartment leases entered into in the City of Kingston. Additional information on this matter will be provided once it becomes available.

UPDATE (12/6/22) - The newly created Kingston Rent Guideline Board convened and voted on November 9, 2022 to establish rent guidelines for apartments subject to the ETPA in the city of Kingston.

A court action was initiated by the Hudson Valley Property Owners Association challenging the guidelines and the sufficiency of the Kingston ETPA Vacancy Study. The court has issued a partial temporary stay and preliminary injunction, that for the time being prohibits the implementation of the guidelines. Until this matter is resolved, other tenant protections under the ETPA remain in place.

With respect to rents, those rents charged to tenants on the first rent payment on or after the date the ETPA went into effect, July 28, 2022, must remain in place and not be increased except by the other mechanisms specifically provided by the ETPA. Non-compliance with these rent requirements by owners may result in overcharges and penalties. Failure of tenants to pay those rents may result in eviction proceedings.

With respect to leases, owners are not required to offer leases until the court issues a ruling on this matter with tenants remaining in place after present lease expiration, on a month to month basis.

The following is an excerpt of the court order issued December 2, 2022, that is pending further hearing and determination of the court:

ORDERED that the guideline lease adjustment and fair market rent appeal guideline orders adopted on November 9, 2022, by the City of Kingston Rent Guidelines Board, are hereby stayed and enjoined;

ORDERED that the Respondent, Division of Housing and Community Renewal (DHCR) is accordingly enjoined from giving the above City of Kingston Rent Guidelines Board orders any effect;

ORDERED that affected Owners of housing accommodations subject to the ETPA in the City of Kingston are not required to provide tenants with new or renewal leases;

ORDERED that DHCR shall be enjoined from processing and determining any fair market rent appeals or any application that a lease was not properly renewed;

ORDERED that all affected tenants in housing accommodations subject to the ETPA shall have the right to continued occupancy as month-to-month tenants, notwithstanding the expiration of their prior lease, existing lease or lack of a new lease;

ORDERED that the legal rent that may be charged to affected tenants in housing accommodations subject to the ETPA, is the rent charged and paid on the first rent payment on or after date when the City of Kingston declared an emergency pursuant to the ETPA; and

ORDERED that all other provisions of the ETPA remain in effect.

UPDATE (4/4/23)

On February 10, 2023, after full submission by the parties, the court issued its determination on the merits, finding that the declaration of emergency established by the city of Kingston was valid. However, the Court found that the determination made by the Kingston rent guidelines board was invalid with respect to (1) guideline adjustments to the initial regulated rent, both based upon the filing of individual fair market rent appeals and (2) the going forward guideline for new and renewal leases.

The petitioning owners and owner organizations filed a notice of appeal to the appellate division with respect to the court's determination upholding the declaration of emergency. The Kingston rent guidelines board filed a notice of cross appeal to the appellate division with respect to the court's determination remanding their guideline back to the board for a new determination consistent with the decision.

With the court's decision and the appeals, DHCR shall, until further notice, continue to administer the ETPA in Kingston in the same manner and under the same conditions as set forth above, in the order issued by the court.

To reiterate, in order to update both owners and tenants that must operate under the ETPA, this means, until there is further guidance:

With respect to all other tenant protections, they remain in place, including those concerning maintenance of services and protections from unlawful harassment and evictions.

Owners have been provided by DHCR with an annual survey, as required by law, to provide building(s) economic data to help establish future rent guidelines.

The following is an excerpt of the court order issued February 10, 2023:

ORDERED that petitioners' claims pursuant to Article 78 challenging the determination of the City of Kingston to declare a public housing emergency in multi-family buildings with six or more units constructed prior to January 1, 1974 is denied. It is further

ORDERED that the Court finds the City of Kingston resolution of July 28, 2022 declaring a public housing emergency pursuant to the ETPA was lawfully made. Pursuant to ETPA §3, however, the City is required to declare the emergency at an end once the vacancy rate of this class of housing exceeds 5%. The record reflects that the City counsel has approved a resolution requiring the housing director to perform a new vacancy study every three years.

ORDERED that the determination of the City of Kingston Rent Guidelines Board of Nov ember 9, 2022 determining rental increases of over 16% of existing rents as of January 1, 2019 constitute a rent overcharge and that all renewal leases shall decrease the existing rent by 15% is vacated. Such findings were affected by an error of law. It is further

ORDERED that this matter is remitted to the City of Kingston Rent Guidelines Board to establish guidelines for the maximum rate of rent adjustments consistent with this Decision and Order and ETPA §4(b).

UPDATE (6/28/23)

On June 21, 2023, the Kingston Rent Guideline Board convened and voted to establish rent guidelines for apartments subject to the ETPA in the city of Kingston for the year ahead, as required by law.

The board voted for the following guideline rates to take effect for leases commencing between October 1, 2023, and September 30, 2024: 0% for a 1-year lease, 0% for a 2-year lease.

The Office of Rent Administration (ORA) sent a letter on June 21, 2023, to Kingston building owners who had not yet registered, advising them again of the need to file initial registrations with ORA no later than July 19, 2023, and that failure to do so may result in formal proceedings seeking penalties. Owners were also advised on how and where to obtain related information and technical assistance from ORA staff.

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DHCR wants all affected parties to be aware of the following resources, which can be referred to and put into use immediately.

Updated: June 2023

Public Information Sessions

City of Kingston Announces Emergency Tenant Protection Act (ETPA) Public Information Sessions KINGSTON, NY – Mayor Steven T. Noble is pleased to announce that the City of Kingston, in partnership with New York’s Division of Housing and Community Renewal (DHCR), will hold three public information sessions regarding the newly passed Emergency Tenant Protection Act (ETPA). At the informational meetings, City staff and DHCR will explain the ETPA law, the rights of eligible tenants, and the next steps for implementing ETPA in Kingston. Over two days, the City of Kingston will hold two information sessions for tenants.

September 20, 2022

ETPA Informational Session for Owners

City Hall Council Chambers & hybrid via Zoom

5:00-6:00 pm

September 20, 2022

ETPA Informational Session for Tenants

City Hall Council Chambers & hybrid via Zoom

6:30-8:00 pm

September 22, 2022

ETPA Informational Session for Tenants

Kingston Public Library (in-person only)

55 Franklin Street

6:00-8:00 pm

City of Kingston Votes To Adopt the Emergency Tenant Protection Act

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Overview

Public Information Sessions

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