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The city of Kingston is requesting a judge to lift a temporary restraining order that blocks enforcement of certain rent control rules. This request comes as part of an ongoing lawsuit filed by a group of landlords challenging the city's rent stabilization measures under the Emergency Tenant Protection Act (ETPA).
Attorney Timothy Collins, representing Kingston, filed the motion on Wednesday (April 15), asking State Supreme Court Judge David Gandin to lift the order he issued on April 2. The restraining order currently prevents the city and state from enforcing specific aspects of the ETPA, which serves as the foundation for rent stabilization in Kingston.
The landlords' lawsuit is based on a May 2025 study by Kingston's Office of Housing Initiatives, which found a 7.04% vacancy rate. This rate exceeds the 5% threshold required to continue ETPA protections. However, Collins argues that this figure is an anomaly, citing evidence that the vacancy rate was below 5% in late 2024. He claims that the study results were skewed by a sudden spike in vacancies due to "warehousing" of units by property owners.
Collins contends that the Common Council's decision to maintain rent stabilization was based on a comprehensive analysis of evidence, not just the vacancy study. He argues that the restraining order disrupts the city's ability to offer rent-stabilized leases and collect necessary information for the Rent Guidelines Board.
The landlords, represented by the Housing Providers of New York State, are pleased with the restraining order and expect to prevail in the lawsuit. Meanwhile, Kingston officials, including Common Council Majority Leader Michele Hirsch, remain confident in their decision to extend rent control protections, citing ongoing housing pressures.
A court hearing is scheduled for April 21 to address the city's request and the ongoing litigation. The outcome could have significant implications for rent stabilization efforts in Kingston and potentially influence similar cases in other regions.