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State Supreme Court Justice David Gadin issued a temporary restraining order on Thursday (April 2) in the rent control lawsuit, Otis Apartments, et al. vs. City of Kingston. The order temporarily halts the enforcement of certain aspects of the Emergency Tenant Protection Act (ETPA) by the city and the State Department of Housing & Community Development until a final decision is reached in the case.
The order means landlords are not required to offer renewal leases during this period, and tenants will remain on a month-to-month basis. This legal action stems from a lawsuit filed by five landlords challenging Kingston's extension of rent control under the ETPA. The landlords argue that the city's decision to continue rent stabilization was unlawful, as the vacancy rate exceeded the 5% threshold required by state law.
The court's decision has sparked reactions from both sides. Richard Lanzarone, Executive Director of Housing Providers of New York State, expressed confidence that the landlords would prevail. Meanwhile, tenant advocates, like Xaver Kandler from the group For the Many, argue that Kingston's housing emergency is far from over.
The ruling allows tenants to remain in their apartments at current rents, maintaining protections under the ETPA. However, landlords are temporarily excused from responding to the city's rent guidelines survey and registration process. The court has scheduled a return date for May 19, when Kingston officials and other stakeholders will need to justify the continuation of rent control.
This legal battle highlights ongoing tensions over rent stabilization in Kingston, where median rents have nearly doubled over the past decade. The outcome of this case could have significant implications for the future of rent control in the city and beyond.