BBG News

Court Expands Kingston Injunction

Nov 22, 2022

Last week the Supreme Court, Ulster County, granted the application made by Matthew Brett, partner at Belkin Burden Goldman, LLP to temporarily enjoin the effectiveness of the Rent Guideline Board Order.  The Court also directed the parties to re-appear on November 22nd to determine if further relief was warranted. Today, the Court continued to enjoin the effectiveness of the RGB order (which had imposed a 15 percent reduction in rents on the would-be regulated apartments) and stayed DHCR from taking certain steps to implement the ETPA in Kingston.  A coalition of Kingston, NY property owners and the Hudson Valley Property Owners Association, Inc., are challenging that city’s opting into the ETPA.  Pending the Court’s determination of the lawsuit:

  • DHCR is enjoined from deciding any fair market rent appeals (which the Kingston RGB created as a means to retroactively reduce rents),
  • DHCR may not force owners of would-be regulated apartments to renew leases (tenants may remain month to month); and
  • DHCR must treat the most recent rent as the legal rent.

We remain hopeful that the Court will ultimately determine that the entry into the ETPA by Kingston was unlawful from the outset.Contact UsShould you wish to discuss this matter, please do not hesitate to contact your BBG attorney of record or email us at

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