A coalition of Kingston, NY property owners and the Hudson Valley Property Owners Association, Inc., represented by Matthew Brett, partner at Belkin Burden Goldman, LLP, appeared in Ulster County Supreme Court on November 18, 2022 on their lawsuit challenging that city’s opting into the ETPA. The plaintiff owners, via an amended petition, asked the Court to stay the entry into the ETPA and the effectiveness of the RGB order which imposed a 15 percent reduction in rents on the would-be regulated apartments.
Kingston had opted into the ETPA following a vacancy survey showing that a rate of less than five percent existed; a precondition for entry into the ETPA. However, the plaintiffs allege and demonstrate via a detailed evidentiary submission that the vacancy survey was fatally flawed such that the actual vacancy rate exceeds five percent.
The Court granted the application 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.
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