Magda Cruz Argues Landmark Rent Stabilization Case Before New York Court of Appeals

BBG litigation partner Magda L. Cruz appeared on Thursday, May 15, 2025, before the New York State Court of Appeals in Albany to argue a pivotal case on behalf of our client, the Hudson Valley Property Owners Association, Inc. (HVPOA), and nine individual property owners.

The case—Hudson Valley Property Owners Association Inc. et al. v. City of Kingston et al.—concerns the City of Kingston’s controversial decision to opt into the Emergency Tenant Protection Act of 1974 (ETPA), based on a disputed vacancy survey, and to impose an unprecedented 15% rent roll-back and retroactive guideline on property owners. Represented by our firm, the Hudson Valley property owners have challenged both the validity of the vacancy study used to justify the ETPA declaration and the legality of the rent rollback and retroactive guideline as unlawful and confiscatory government action.

Following a split in the lower courts, the Appellate Division, Third Department granted our motion for leave to appeal to New York’s highest court. The outcome of this case is likely to have far-reaching implications for municipalities across the state, many of which are evaluating similar rent stabilization measures under the amended 2019 housing laws.

HVPOA and the individual property owners are represented by BBG partners Jeffrey L. Goldman, Sherwin Belkin, Matthew S. Brett, Aris E. L. Dutka, and Magda L. Cruz.

Pictured below are BBG partners Magda Cruz and Matthew Brett outside the New York State Court of Appeals.