Struggling Kingston tenants seeking rent refunds encounter barriers in their attempts to collect
In the city of Kingston, tenants living in rent-stabilized units are navigating the complex process of claiming and receiving refunds for overcharges. Here's a breakdown of the steps tenants can take to ensure they receive their rightful compensation.
First and foremost, tenants must file a complaint using the RA-89 form to demonstrate overcharge claims as required under the Emergency Tenant Protection Act. This formal complaint initiates the process with the Division of Housing and Community Renewal (DHCR).
While DHCR offers an online application for tenants, many have reported the system as unreliable or broken. In such cases, tenants are advised to send their complaints via certified mail to DHCR’s Queens office to ensure receipt.
Seeking assistance from tenant advocacy organizations and legal clinics can also be beneficial. For instance, For The Many, Legal Services of the Hudson Valley, and the Hudson Valley Justice Center have started an overcharge clinic to help Kingston tenants residing in rent-stabilized units get judgments from DHCR against their landlords.
However, tenants should be patient with the process. DHCR has only issued a limited number of judgments so far, and claims can be slow due to a complicated claims system, website issues, and possible court battles.
Once the judgment process is complete, tenants like Sarah Cizmazia may need to take their landlords to civil court for the refund. Cizmazia, who is owed a refund of $28,000 from her landlord, received a judgment for an overcharge claim in July. Her monthly rent decreased from $1,750 to $1,386 due to the judgment.
Despite the progress, only about one-tenth of the approximately 1,200 tenants covered by rent regulation in Kingston have sought help so far. Jennie Goldstein, an organizer with For The Many, reported that 116 tenants sought help from the clinic over four days.
The City of Kingston is planning to release a second vacancy study later this month, which has sparked concerns among some tenants. They fear that this study could lead to the end of rent stabilization in Kingston.
In a positive development, the New York State Court of Appeals upheld the decision of Kingston's Rent Guidelines Board to give tenants a negative rent adjustment (refund). Additionally, nearly 300 units at Stony Run, a rental complex with a tricky past, were added to the Emergency Tenant Protection Act, potentially increasing the number of affected tenants.
Despite the challenges, tenants are persevering. Some have resorted to sending certified mail to DHCR's office in Queens due to issues with the online application. Tenants are advised to persistently follow up by certified mail if the online system fails.
In conclusion, tenants in Kingston should file a RA-89 complaint, persistently follow up by certified mail if the online system fails, and engage local tenant legal advocacy clinics for support in collecting refunds for rent overcharges in rent-stabilized units.
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