By Alberto Gilman
The Newburgh City Council is proposing a local law to repeal and replace Chapter 240, Rental Properties, Article III, entitled “Prohibition of Eviction Without Just Cause.” A public hearing was held on Monday, August 12, to receive comments on the proposed local law.
The Good Cause Eviction Act protects residents from being evicted without good cause or reason from their landlord. The law additionally protects tenants from rent increases. Nonpayment of rent by tenants, general property damage, and breach of contract can lead to tenants being evicted.
A public hearing on October 25, 2021, solicited comments on the original bill. The council passed the bill that evening with a majority vote and one abstention. The city was the second municipality in the state to pass such a law; the first was Albany.
A year after its passage, it was declared null and void by the Orange County Supreme Court in November 2022. Landlord groups filed suit against the law against the city, mayor and municipal courts. The decision was made because the local law was in direct conflict with previously passed state laws and was overturned.
Similar legal challenges related to housing law arose from the city’s declaration of a housing emergency in December 2023, which would allow the city to opt for rent stabilization under the Emergency Tenant Protection Act (ETPA) of 1974. The rent stabilization was later overturned by the Orange County Supreme Court in April 2024.
Citizens had the opportunity to provide their comments verbally or to submit them to the council via a provided email address by 4 p.m. on Monday. Citizens were each given five minutes to speak on the matter.
“I want to thank you for doing the people’s work by holding this public hearing and introducing the strongest possible version of eviction for cause. The cities of Albany, Ithaca, Kingston and Poughkeepsie have already passed the principle. Beacon, Fishkill, Middletown and more cities are also in the process of passing it, so Newburgh should act quickly,” said Daniel Atonna. “The principle has already been watered down in state budget negotiations. There is no justifiable reason to water it down any further. I trust the Council will do the right thing and pass the principle on Monday, September 9th.”
Former City Councilman Anthony Grice, who was part of the council that passed the law in 2021, spoke about the legislation. “It was the right thing to do then and it’s the right thing to do now. The only reason it was defeated in court is because the state beat us to it. It wasn’t because it was illegal. So I don’t want anyone on the council to be afraid of a lawsuit,” Grice said.
“As our economy puts increasing pressure on working middle-class families, it is imperative that we ensure Newburgh remains affordable for the average person, for people who work nine to five or have two jobs,” said Stephen Pampinella.
Section 2 – Purpose and intent of the proposed local law for Council consideration follows:
“The City of Newburgh Council commissioned and completed a Housing Needs Analysis to assess current housing needs in the City of Newburgh and to inform the development of long-term housing policies. The Housing Needs Analysis found that housing cost burdens for renter-occupied homes are significantly higher for City of Newburgh renters than for renters in Orange County, and all of the City of Newburgh census tracts had renter cost burdens above 50%. Renters in the City of Newburgh, particularly low- and moderate-income renters, are increasingly faced with landlords’ refusal to continue renting to otherwise creditworthy renters and tenants who otherwise comply with all applicable laws. Increased housing prices in the City are leading to gentrification and the displacement of renters who cannot afford rising rents. The Housing Needs Analysis resulted in the Newburgh Housing Report, which outlined policy issues, goals, and actions that could assist the City in developing a long-term strategy to meet local housing needs. Strengthening and expanding eviction prevention programs, including passing a just cause eviction law, has been identified as a measure to reduce evictions that lead to homelessness. The primary purpose of this article is to implement a policy recommendation from the City of Newburgh’s Housing Needs Assessment and Housing Report to protect renters from exorbitant and predatory rent increases that could lead to a significant increase in homelessness in the City of Newburgh.”
The bill would be brought back to the City Council for a vote after the public hearing is complete. The City’s next work session is scheduled for Thursday, September 5, and the next Council meeting is scheduled for Monday, September 9. The bill is available for public review on the City’s website.
