Struggling Kingston tenants, due reimbursement of overpaid rent, encounter various hindrances while attempting to claim their refunds.
Kingston Tenants Can Seek Refunds Following Rent Rollback Decision
After the New York State Court of Appeals upheld the decision of Kingston's Rent Guidelines Board to give tenants a negative rent adjustment in 2022, Kingston tenants who are eligible can seek reimbursement for overpaid rent.
To be eligible, tenants must reside in buildings constructed before 1974 with at least six units, as rent stabilization and the Emergency Tenant Protection Act (ETPA) only apply to such buildings. Recent surveys indicate that fewer than 1,000 units in Kingston meet these criteria.
To collect their refunds, tenants should contact their building management or landlords, requesting reimbursement based on the rent rollback. In cases where cooperation is lacking, tenants may seek legal assistance or support from tenant advocacy groups to enforce their rights and ensure compliance with refund mandates.
However, challenges persist for tenants seeking refunds. The scope of Kingston’s rent stabilization protections is shrinking, potentially limiting eligibility for rent adjustments or refunds if the Common Council modifies or eliminates these protections. Furthermore, changes in eligibility criteria and exemptions from the program can create confusion, making it difficult for tenants to confirm if their building qualifies.
Delays or resistance from landlords or property managers in issuing refunds can also complicate matters, requiring tenants to navigate legal or bureaucratic processes. Additionally, limited comprehensive guidance locally on refund collection procedures specific to Kingston means that some documentation may be more general or related to security deposits rather than rent adjustment refunds.
Property management companies in the Kingston area, like Limestone Property Management, offer rent collection and tenant services, but their role in processing refunds from negative rent adjustments is not explicitly detailed. As a result, tenants may need to rely on legal avenues and tenant organizations to facilitate or enforce refund payments.
One tenant, Sarah Cizmazia, received a judgment for an overcharge claim in July, entitling her to a refund of $28,000. However, she has not yet received a new lease from her landlord showing her lower rent. To pursue the refund, she will need to take her landlord to civil court once the judgment process is completed.
To show overcharges by their landlord, tenants living in units covered by the ETPA must fill out a RA-89 complaint form. For assistance with this process, For The Many, Legal Services of the Hudson Valley, and the Hudson Valley Justice Center have opened an overcharge clinic to help Kingston tenants residing in rent stabilized units get judgments from the Division of Housing and Community Renewal (DHCR). Over four days, 116 tenants sought help from the clinic.
Despite the efforts of the overcharge clinic, some tenants have expressed concerns about the slow response from DHCR regarding their overcharge claims. In some cases, tenants have resorted to sending certified mail to DHCR's office in Queens due to issues with the online application.
The City of Kingston plans to release a second vacancy study later this month. Some fear that this study could lead to the end of rent stabilization in Kingston, as it may provide data used to justify modifications or eliminations of rent regulations. The process of contesting a judgment by the landlord is expected to take an additional 10 months.
In summary, while Kingston tenants can collect refunds by confirming eligibility and formally requesting the overpayment back from landlords, they face challenges due to regulatory shifts, program limitations, and the need for legal or advocacy support to resolve disputes and enforce entitlements.
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