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Kingston caucus signals support for REST Act changes to tenant protections, asks questions about vacancy-study substitute
Summary
The caucus discussed a memorializing resolution supporting state legislation (the 'REST Act') to amend the Emergency Tenant Protection Act, allowing municipalities alternatives to a vacancy study and bringing newer buildings into rent stabilization on a rolling basis.
Members of the City of Kingston Common Council caucus discussed and signaled support for a memorializing resolution backing the REST Act, legislation introduced in Albany that would amend the Emergency Tenant Protection Act (ETPA) of 1974 (as amended in 2019). The caucus did not take a formal vote in caucus but directed support and discussion points to be communicated to state sponsors.
Supporters said the REST Act would permit municipalities to use other data sources — in addition to vacancy studies — to declare a housing emergency and seek rent-regulation tools. The bill would also allow a rolling inclusion of buildings constructed as recently as 15 years ago into protections, and it would give municipalities discretion to adjust building-size thresholds that determine coverage under ETPA.
Councilmembers asked for clarification about whether removing or supplementing the vacancy study requirement would affect court challenges. Councilmember Jeanne (Councilmember) said she supported the measure but asked how courts might interpret alternative data sources. Staff and other councilmembers reiterated that the caucus resolution is a memorial to the Legislature — it expresses the city’s support but does not itself change local law. Members asked that concerns about legal defensibility and data sources be raised with state sponsors.
