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EMERGENCY TENANT PROTECTION ACT

EMERGENCY TENANT PROTECTION ACT
Person holding sign that says `keep families in their homes`

INFORMATION FOR TENANTS UNDER KINGSTON’S NEW LAW

On July 28, 2022 the Kingston Common Council voted 7-1 to declare a “housing emergency” and opt into the statewide Emergency Tenant Protection Act (ETPA). Mayor Steve Noble signed it into law the next day. Tenants in buildings with six or more apartments built before 1974 are now protected from market-rate rent increases and unjust or arbitrary eviction.

64 buildings covering approximately 1,300 units are covered by ETPA.

Click here to see if your building is covered!

WHAT DOES THIS MEAN FOR TENANTS IN THESE BUILDINGS?

Rents are frozen as of July 29
ETPA tenants are protected from some evictions.
Tenants who have current leases
Tenants who do not have leases

Until the new Ulster County Rent Guidelines Board votes sometime in mid to late September, landlords cannot increase rents for any apartment subject to ETPA.

The new law says that landlords can evict only if the landlord has a good reason. This means that landlord can evict if the tenant isn’t paying rent or is violating the terms of the lease. But a landlord cannot evict because the lease is over or because the landlord decides not to rent to the tenant.

Landlords must offer tenants who have current leases a renewal of one or two year terms. Tenants have 60 days to respond, so any tenant who has received or receives a lease renewal offer might as well wait to see what rent adjustments the Ulster County rent board adopts, as the vote will take place in less than 60 days.

Landlords must offer month-to-month tenants a written lease of one or two years at the tenant’s option. If a lease being offered by a landlord contains harmful terms, the tenant should seek legal advice before signing. Don’t say you refuse to sign a lease; tell the landlord that you want to look it over and talk to an attorney before signing. As an ETPA-protected tenant, you don’t have to sign any lease the landlord presents; you can negotiate terms.