Proposed supreme court ruling would stay Kingston guideline lease adjustments

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KINGSTON – Ulster County State Supreme Court Justice David Gandin has before him a proposed order to stay the legal effect of the guideline lease adjustment and fair market rent appeal guideline votes taken by the Kingston Rent Guidelines Board.

A group of property owners challenged the guidelines board’s vote in State Supreme Court.

The proposed decision by Justice David Gandin also orders that the Division of Housing and Community Renewal is stayed from giving the Kingston Guidelines Board vote effect and orders that effected owners are not required to provide tenants with new or renewal leases.

The justice’s proposed ruling also orders that the time limit for effected tenants to file fair market rent appeals shall be held in abeyance.

The proposed decision orders that all effected tenants shall have the right to continued occupancy as month-to-month tenants, notwithstanding the expiration of their prior lease or lack of a new lease.

And ordered that the rent that may be charged to effected tenants during the period of this stay shall be the initial legal regulated rent as defined by the ETPA, which is the rent charged and paid on the first rent payment on or after date when the City of Kingston declared an emergency pursuant to the ETPA.