GOSHEN – A Temporary Restraining Order was issued Wednesday by Orange County Supreme Court Justice Sandra Sciortino enjoining the City of Newburgh and New York State Division of Housing and Community Renewal from taking any action in enforcing ETPA in Newburgh.
The order is in effect “pending a final judgment in this matter or further order of the court.”
The order puts on hold any Rent Guidelines Board that may be empaneled for the City of Newburgh from enforcing any rent guideline orders; and enjoining the New York State Division of Housing and Community Renewal from enforcing any Rent Guidelines Board orders that may be adopted.
The order also provides that owners of housing accommodations subject to the Emergency Tenant Protection Act in the City of Newburgh shall not be required to provide tenants with new or renewal leases; and provides that all affected tenants in housing accommodations subject to the Emergency Tenant Protection Act 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 the legal rent that may be charged to affected tenants in housing accommodations subject to the Emergency Tenant Protection Act shall be the rent charged and paid on the first rent payment on or after December 18, 2023 (the date the City of Newburgh declared an emergency pursuant to the Emergency Tenant Protection Act).
The city and state agency are temporarily restrained for putting the provision of the law into place pending a hearing and decision by the court.
