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

Kingston lawmakers are poised to take decisive action to override Mayor Steve Noble’s veto of a resolution aimed at extending rent control protections under the Emergency Tenant Protection Act (ETPA). Alderwoman Michele Hirsch expressed optimism that the Common Council has secured the necessary six votes to proceed with the override during a special meeting scheduled for December 30, 2023, at 19:30 at City Hall.

This vote is significant as it could shape the future of rent control for hundreds of residents in Kingston. The council’s action comes just days before four new members are set to join, making this meeting potentially the last for the current council. Hirsch criticized Noble’s veto, asserting that despite his alignment with landlord interests, it does not impact the legal merits of the council’s findings. “We remain confident that the City of Kingston’s Rent Stabilization laws will endure,” she stated.

The veto has drawn sharp criticism from various officials, including Alderman Michael Tierney and Assemblymember Sarahana Shrestha. Tenant advocates and legal experts also voiced concerns, highlighting that if ETPA protections are limited to buildings of 22 units or more—as Noble suggests—approximately 40% of the existing units currently under ETPA could lose their protections. Currently, protections apply to all buildings with six units or more constructed before 1974.

Noble’s veto points out alleged factual inaccuracies in the council’s findings, particularly regarding a 2025 vacancy study. He contends that the protections should only extend to larger buildings to mitigate legal risks. According to Noble, if the council overrides his veto, it could lead to lawsuits against the city. Richard Lanzarone, executive director of the landlord advocacy group Housing Providers of New York State, indicated that legal action would be forthcoming if the council moves forward with its resolution in its current form.

On the other hand, tenant advocates argue that Noble’s proposal neglects findings from the vacancy study, which indicated that the vacancy rate for pre-1974 buildings with nine or more units had fallen below the 5% threshold. Following the veto, critics have highlighted Noble’s record on tenant protections, particularly referencing a controversial deal regarding the Stony Run apartment complex. In March, Aker Management sought to exempt the 266-unit site from ETPA, a request that was denied by the state Division of Homes and Community Renewal.

In response to the backlash, Noble defended his housing policies in an email to the local newspaper, stating that the current administration has made significant strides in affordable housing compared to previous administrations. He accused lawmakers and advocates of employing “scare tactics” and spreading misinformation about his commitment to tenant protections.

Noble reiterated that his administration is open to collaborating with the council to create legislation that is both effective and legally sound. “If this legislation stands and gets thrown out by the courts, how would that be good for tenants?” he questioned.

As Kingston residents await the council’s decision, the outcome of the vote on December 30 will undoubtedly have lasting implications for rent control and tenant protections in the city.