Hudson Valley property owners association over apparent state violation of rent control TRO

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KINGSTON – The Hudson Valley Property Owners Association, a coalition of Hudson Valley property owners advocating for business interests and community welfare, has alerted the judge of the apparent violation by the state Division of Housing & Community Renewal of a November 22, 2022 temporary restraining order that prevented the City of Kingston’s rent control guidelines from taking effect and enjoined the agency from taking certain actions.

In a letter to state Supreme Court Justice David Gandin, the property owners group brought to light a tenant complaint processed and mailed by the state agency on Dec. 12, 2022 – 10 days after the judge’s order “stayed and enjoined” the 15 percent retroactive rent cap for more than 1,200 apartments approved by the Kingston Rent Guidelines Board, pending the outcome of HVPOA’s legal challenge.

Justice Gandin’s order specifically said that the state agency “shall be enjoined from processing and determining any fair market appeals.” Yet a building owner member received the conflicting correspondence from the state agency that proves it has violated that directive.

The association has requested that the court provide such relief as it deems to be just and proper in light of this new development, and is also reserving its right to pursue a contempt of court finding against the state in the future.

“It is disappointing that the state appears to have chosen to ignore the terms of the parties’ agreement, approved by Justice Gandin, to suspend implementation of a policy that will significantly harm local business owners and lead to community deterioration while failing to address the affordable housing shortage,” said HVPOA Executive Director Richard Lanzarone. “We remain committed to the legal process, which we believe will result in a fair outcome, and will continue to respect the judge’s order until a final decision is rendered.”

The property owners group filed a lawsuit against the City of Kingston, arguing it failed to meet the state’s requirements for adopting rent control by relying on an inaccurate and deeply flawed vacancy survey that was not only mathematically incorrect, but “embarrassingly unprofessional.”

The case will be submitted to Justice Gandin on Dec. 30, 2022 and a decision is expected in early 2023.




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