Kingston Council Moves to Override Mayor’s Veto on Rent Control

Lawmakers in Kingston, New York, are preparing to override Mayor Steve Noble’s veto of a resolution that aims to continue rent control protections under the Emergency Tenant Protection Act (ETPA). Alderman Michele Hirsch expressed confidence on Friday that the Common Council has sufficient support, with six votes needed to proceed. A special meeting has been scheduled for December 30, 2023, at 19:30 local time at City Hall, where council members will vote on the override. This decision is critical, as it could impact rent control for hundreds of residents in Kingston.

The upcoming vote is particularly significant as it is likely to be the last for the current council before four new members take their positions in January. Hirsch criticized Mayor Noble for his veto, stating, “Although the mayor and landlord lobby appear aligned, that has no bearing on any legal challenge. Our findings will be evaluated on their own merits.” She assured constituents that the council’s resolution is designed to withstand potential legal scrutiny.

Mayor’s Veto and Council Response

Mayor Noble’s veto, issued on December 22, 2023, argued that the council’s resolution contained factual inaccuracies and misinterpreted the findings of a 2025 vacancy study. While he acknowledged the necessity of ETPA protections, he proposed that they should only apply to buildings with 22 units or more. This limitation, according to tenant advocates, would strip protections from approximately 40% of the 1,000 units currently covered by ETPA, which presently includes all buildings of six units or larger constructed before 1974.

Noble has raised concerns that overriding his veto could expose the city to legal challenges. Richard Lanzarone, executive director of the landlord advocacy group Housing Providers of New York State, indicated that while landlords would not contest Noble’s proposal for buildings of 22 units or more, they would take legal action if the council proceeds with its current resolution. “We stand ready to do whatever is necessary to defend property rights and uphold the law,” Lanzarone stated.

Attorneys advocating for tenants’ rights have dismissed Noble’s claims, asserting that his proposal does not consider the vacancy rate findings for pre-1974 buildings with nine or more units, which fell below the 5% threshold noted in the study. Following the veto, many tenant advocates criticized the mayor’s track record on housing protections, particularly citing a controversial deal made earlier this year.

Background on Housing Issues

In March, Mayor Noble announced a partnership with Aker Management regarding the Stony Run apartment complex, which consists of 266 units. Aker sought to have this complex removed from ETPA protections, a request denied by the state’s Division of Homes and Community Renewal in June. Aker has since appealed this decision.

In response to the backlash following his veto, Mayor Noble defended his housing policies in an email to the local newspaper, stating that critics are using scare tactics and spreading misinformation about his commitment to tenant protections. “My administration has done more in the field of affordable housing than any of my predecessors,” he asserted. Noble emphasized the need for legislation that is both effective and legally sound, warning that flawed legislation could ultimately harm tenants if overturned in court.

As the Kingston Common Council prepares for its decisive meeting on December 30, the outcome is expected to shape the future of rent control in the city, highlighting the ongoing tension between tenant advocates and the mayor’s office.