Committee asks state to deny HDFC request to exempt Stony Run apartments from tenant‑protection law

The Unity Development and Housing Committee voted to forward a resolution asking the New York State Division of Housing and Community Renewal (DHCR) to deny an application filed by the Kingston Workforce Housing Development Fund Corporation to exempt the Stony Run apartment complex from protections under the Emergency Tenant Protection Act (ETPA).

Committee member Sarah introduced the resolution and committee members discussed tenant concerns and the regulatory agreement that governs the property. According to staff and the regulatory agreement, tenants who occupied units on or before the agreement’s effective date remain covered by ETPA protections while the city’s state of emergency is in effect. The presentation cited regulatory agreement language that says ‘‘the company shall continue to reach lease each unit that is occupied on or before the effective date ... in accordance with ... the ETPA, the Housing Stability Tenant Protection Act of 2019, and applicable rent increases determined by the city's rent guidelines award so long as the city of Kingston has a legitimately declared housing emergency in effect.’’

Tenants and tenant advocates told the committee they had received a large packet of documents from the owner and an application to DHCR seeking a percentage exemption from ETPA; staff reported tenants received a 55‑page packet and a subsequent packet asking for lease and rent information. Marcy, an attorney with Legal Services of the Hudson Valley working on behalf of tenants, has responded to the initial document requests on tenants’ behalf, staff said.

Committee members said the tenants felt ‘‘guaranteed’’ ETPA protections and expressed concern that an exemption would remove enforceable protections. One committee member said, ‘‘please do not, grant this exemption,’’ and multiple members indicated support for the resolution.

Oversight and reporting questions: Committee members reviewed the regulatory agreement and identified several oversight items they want answers to before the developer appears: the agreement requires a replacement reserve deposit of $66,500 per year and mandates monthly updates to residents and the city comptroller describing capital projects for the initial 12 months; it also gives the city comptroller the right to request financial statements twice a year. Committee members requested that staff seek copies of the financial statements, replacement reserve records and the monthly updates required by the agreement, and that representatives of the property owners and Kingston Workforce HDFC be asked to appear to answer questions.

Vote: The committee took a voice vote on the resolution; members expressed support and the chair said the motion ‘‘carries.’’

Ending: Committee members directed staff to request the documents set out in the regulatory agreement, invite the property owner and developer representatives to a future meeting, coordinate with the city comptroller and assessor on tax and reserve account questions, and transmit the committee resolution to DHCR.