The second highest court in New York state ruled Thursday to uphold Kingston’s rent rollback.

This comes after landlords sued to block rent stabilization in Kingston in November 2022.

What You Need To Know

  • Thursday’s ruling says the Rent Guidelines Board’s decision in 2022 was legal and can move forward, specifically affirming a 15% rent reduction as the first government-mandated rent reduction in American history

  • The ruling also upheld Kingston’s vacancy study, which allows tenants to challenge rent increases between January 2019 and July 2022

  • The court also determined the city correctly applied the Emergency Tenant Protection Act (ETPA) as the first upstate municipality to do so

Arlene Russell, a renter in Kingston, is feeling relieved after learning the Third Department of New York’s Appellate Division sided with tenants regarding rent stabilization.

“Rent reduction is absolutely wonderful,” Russell said. “The rents have gotten so high here, it's terrible.”

Russell has been renting an apartment in Kingston for eight years. She said the cost of rent was less than other apartments when she first moved in, but it increased by $250 per month in 2020.

“It's not pleasant, but I have to,” Russell said. “I’m a widow. I only had my income, so it’s been tough.”

Thursday’s ruling states the Rent Guidelines Board’s decision in November of 2022 was legal and can move forward, specifically affirming a 15% rent reduction as the first government-mandated rent reduction in American history.

For the Many is a Hudson Valley-based organization that fights for housing justice and works directly with tenants.

“We hear again and again from the folks that we work with that housing is the number one issue affecting their lives, whether it be skyrocketing rents or the lack of housing availability,” said Brahvan Ranga, political director of For the Many. “We hope that this rent reduction provides immediate relief to those tenants.”

The ruling also upheld the city of Kingston’s vacancy study, which allows tenants to challenge rent increases between January 2019 and July 2022.

Additionally, the court determined the city correctly applied the Emergency Tenant Protection Act (ETPA) as the first upstate municipality to do so.

Marcie Kobak, litigation director for Legal Services of the Hudson Valley, represents interveners, two tenant organizations, including For The Many, and individual tenants.

“The ETPA law empowers cities to adopt tenant protections provided that they follow certain provisions of the law, which Kingston did here, and that it enables rent guidelines boards to react to the reality and the lived experience of renters,” Kobak said.

Executive Director of the Hudson Valley Property Owners Association Rich Lanzarone said he is disappointed with the court’s decision and intends to appeal it. He still believes the city’s vacancy study is based on flawed data.

In the meantime, the tenants, housing organizations and their representatives are hopeful the ruling can serve as a model for other upstate municipalities.

“Really, it's about empowering tenants to stand up to greedy landlords and show up and demand that cities opt into rent stabilization and demand that boards enact rent reductions or rent freezes,” Ranga said.

“The landlords, there was no reason for them to gouge the tenants as they have. And, you know, it's very good for us,” Russell said.

A federal lawsuit was also filed earlier this week challenging changes to ETPA. When asked about it, a spokesperson for the New York State Division of Housing and Community Renewal said it do not comment on pending litigation.