Judge orders stay on some rent rules

KINGSTON, N.Y. >> A state Supreme Court justice in Ulster County ordered Tuesday a stay on some rules contained in Kingston’s rent guideline provisions, including one that requires landlords to renew leases.

Judge David Gandin also indicated that a ruling could be made early next year on the crux of a lawsuit filed by the Mid-Hudson Valley Property Association among others, which claims that a city vacancy survey was flawed.

Mat Brett, a lawyer for the property owners’ group, said Tuesday’s ruling keeps the status quo in place for now while the case continues.

It also provides, among other things, that “owners are not obligated from issuing renewal leases” and that the state Division of Housing and Community Renewal “cannot accept or process failure to offer lease renewals,” Brett said.

“Tenants will remain monthto-month until there is a decision on the merits (of the overall case,” Brett said.

Still, the most significant complaint by the landlords’ group — that a city vacant survey was inaccurate — remains outstanding.

The Mid-Hudson Property Owners Association and other individuals have filed a lawsuit claiming that the city made its decision to opt into the state’s Emergency Tenant Protection Act based on a faulty vacant survey.

Mayor Steve Noble, who has stood by the accuracy of the survey, has called the lawsuit an “attack” on its attempt to keep rents reasonable.

On Friday, Gandin ruled that Kingston’s Rent Guidelines Board cannot order landlords to decrease rents by 15%, according to an attorney representing property owners.

Aaron Narraph Fernando, communications lead for For the Many, a progressive cause group, said that his organization was disappointed in Gandin’s reaffirming Tuesday of the rent reduction matter.

But Fernando said the group,

which has pushed for rent control, was satisfied that many other provisions of the city’s rent guidelines law stayed in place for now.

“We are disappointed with this decision (the 15% matter) and respectfully believe the judge is misinterpreting the law,” Fernando said in a statement. “The Kingston Rent Guidelines Board’s actions were not just legal, but also completely necessary to keep tenants in their homes. Fortunately, other provisions of the Emergency Tenant Protection Act (ETPA) remain in effect.”

Gandin issued the Friday ruling after a lawsuit was filed in a battle over the establishment of the Kingston

Rent Guidelines Board. Among other things, the property owners’ group had argued that a resolution of the board ordering landlords of 1,300 rental units to lower rents by at least 15% was illegal.

On Oct. 28, Gandin denied a request by the landlord group to issue a temporary restraining order against Kingston’s decision to opt into the state’s Emergency Tenant Protection Act.

The group had filed an Article 78 lawsuit in an effort to prevent the city from opting into the state’s tenant protection law, which allowed the city to declare a housing emergency and begin steps to enact rent control rules.

Brett has argued that a vacancy survey conducted by the city that ultimately allowed it to opt into the law was “hopelessly flawed.”

Noble has said the city had expected the group to seek legal action, and that the most recent decision would not deter city officials from pressing on with rent control.

In the lawsuit and a synopsis compiled by Brett, the Hudson Valley Property Owners Association claims that a number of errors and inaccurate information are contained in a vacancy survey that paved the way for the city to join the Emergency Tenants Protection Act. The city formed a Rent Guidelines Board which will oversee the rents on a total of 1,300 units.

Members of the city’s rent guidelines board had ruled on Nov. 9, that tenants who sign one- or twoyear leases between Aug. 1, 2022, and Sept. 30, 2023, for certain protected properties should have their rents reduced by 15%.