Vacancy study finds Poughkeepsie qualifies for rent stabilization
POUGHKEEPSIE — A housing study ordered by Poughkeepsie’s Common Council found a vacancy rate of less than 5 percent in qualifying rental units, meaning the city can adopt rent stabilization under the state Emergency Tenant Protection Act.
The study analyzed vacancies in residential buildings built before 1974 with six or more units, finding that 3.96 percent were empty in November and December of last year. It was conducted by the Collective for Community, Culture and Environment, a consulting group that began contracting with the city in October.
The study’s purpose was to determine whether Poughkeepsie can declare a housing emergency under the ETPA, which requires a vacancy rate of 5 percent or less on buildings constructed before 1974 with at least six units. The ETPA was first enacted in New York City in the late 1960s and expanded to Westchester, Rockland and Nassau counties in 1974. It became an option for all communities in the state when the state Legislature modified the law in June 2019.
The full report can be found in Common Council agenda documents posted to the city’s website ahead of Tuesday’s meeting, which will include a formal presentation of the data. After the presentation, Poughkeepsie will vote on scheduling a public hearing in May regarding a housing emergency declaration. If one is declared, the city can officially opt into rent stabilization.
The consulting group also conducted a vacancy study for Etpa-eligible units in Ossining in 2018 and noted that the same methodology was used in the Poughkeepsie analysis.
The study was based on information obtained primarily from property owners, managers or building superintendents, through mail surveys, onsite observation and a phone survey. All eligible properties were asked to report the number of vacant rental units available on Nov. 1, 2023. Non-response counted as “zero vacancy” while units that were vacant due to construction or because they were being used for storage were not counted, according to the report. Subsidized housing also was not included.
Overall, the response rate was 61 percent and included 112 properties with 1,494 units. However, 30 of those units were considered unavailable for rent, which brought the total number of eligible units down to 1,464. Of those units, 58 were vacant, according to the report.
Other Hudson Valley cities that have adopted rent stabilization have had their vacancy rate studies challenged by landlords in court, hampering their efforts to move forward with rent regulations. A judge halted efforts to form a Rent Guidelines Board in Newburgh after a group of landlords sued over allegations its vacancy study conducted by the city’s Planning Department was based on flawed data.
Landlords also sued Kingston over its study, which stopped its Rent Guidelines Board from cutting rent by 15 percent. But they ultimately lost in court after a state appeals court affirmed its vacancy study and upheld the rent reduction in March.