The Newburgh City Council is proposing a Local Law to repeal and replace Chapter 240 “Rental Properties”, Article III entitled “Prohibition of Eviction without Good Cause.” A public hearing was held on Monday, August 12 to receive comments on the proposed local law.

The Good Cause Eviction law provides protections for residents from eviction without a good cause or reason from their landlord. The law adds protections for tenants from rental increases. Failures to pay rent from tenants, overall property damage and violation of agreements can lead to eviction of tenants.

A public hearing on October 25, 2021 sought comments on the original proposed law. The council moved forward on the approval of the law that night with a majority voting in favor of it and one abstention. The city became the second municipality in the state to pass that sort of legislation, the first being Albany.

Following a year of being passed, it would be ruled as null and void in November 2022 by the Orange County Supreme Court. Landlord groups filed a suit against the city, the city mayor and the city courts on the law. The decision was made based on the local law being in direct conflict with previously adopted state and was preempted.

Similar legal challenges with housing laws came from the declaration of a housing emergency in the city back in December 2023 which would allow the city to opt into rent stabilization under the Emergency Tenant Protection Act (ETPA) of 1974. Rent stabilization was later struck down in April 2024, again by the Orange County Supreme Court.

Members of the public had the opportunity to deliver their comments verbally or submit them to the council by 4 p.m. on Monday via a provided email address. Members of the public were given five minutes each to speak on the matter.

“I want to thank you for doing the people’s work by hosting this public hearing and introducing the strongest possible version of Good Cause Eviction. The cities of Albany, Ithaca, Kingston and Poughkeepsie have already passed good cause. Beacon, Fishkill, Middletown and more are all moving towards passing it as well so Newburgh should move fast,” said Daniel Atonna. “Good cause was already watered down in the state budget negotiations. There is no justifiable reason to water it down even more. I trust that the council will do the right thing and pass good cause on Monday, September 9.”

Former Councilman Anthony Grice, who was part of the council who passed the law back in 2021 spoke on the legislation. “It was the right thing to do then, it’s the right thing to do now. The only reason why it was struck down in the court is because the state preempted us. It wasn’t because it was illegal. So I don’t want anyone on council to be scared of the threat of a lawsuit,” said Grice.

“It’s just so important to make sure that as our economy is putting more and more stress on working middle class families, that we keep Newburgh affordable for ordinary people, for people who work a nine to five or work two jobs,” said Stephen Pampinella.

The following is Section 2 - Purpose and Intent of the proposed local law for consideration by council:

“The Council of the City of Newburgh commissioned and completed a Housing Needs Assessment to evaluate current housing needs in the City of Newburgh and to promote the development of long-term housing policies. The Housing Needs Assessment found housing cost burden rates for renter-occupied homes at significantly higher rates for City of Newburgh renters than for those in Orange County and all City of Newburgh census tracts had cost burden rates for renters over 50%. Renters in the City of Newburgh, especially, low- and moderate income renters increasingly are faced with the refusal of landlords to continue to rent to otherwise creditworthy tenants and tenants who are otherwise following all applicable laws. Increased real estate prices in the City is leading to gentrification and the displacement of tenants who cannot afford increasing rents. The Housing Needs Assessment produced the Newburgh Housing Report which outlined policy themes, goals and actions that could assist the City in developing a long-term strategy for meeting local housing needs. Strengthening and expanding eviction prevention programs, including adopting a just cause” eviction law was identified as an action item to reduce incidents of eviction leading to homelessness. The primary purpose of this Article is to implement a policy recommendation of the City of Newburgh Housing Needs Assessment and Newburgh Housing Report intended to protect tenants from exorbitant and predatory rent increases that could result in a significant increase in homelessness in the City of Newburgh.”

The proposed law would go back before city council for a vote following the conclusion of the public hearing. The next city work session is scheduled Thursday, September 5 and the next council meeting is scheduled for Monday, September 9. The law is available on the city website for public review.