Tenants in Kingston, who are owed refunds for overpaid rent, encounter challenges in claiming their reimbursements.
In the city of Kingston, tenants residing in rent-stabilized units are encountering difficulties in collecting money owed from negative rent adjustments due to a complex claims system and a malfunctioning website.
Sarah Cizmazia, a Kingston tenant, is one such individual. She received a judgment in July, following her overcharge claim filed in September, which decreased her rent from $1,750 to $1,386. However, Cizmazia is owed a refund of $28,000 for excessive rent previously paid, and she will need to take her landlord to civil court for the refund once the contestation process is complete.
The New York State Court of Appeals upheld the decision of Kingston's Rent Guidelines Board to give tenants a negative rent adjustment, essentially a refund, in 2022. This decision was a victory for tenants, but the process of obtaining a refund from the landlord has proven to be a separate challenge.
The overcharge clinic, opened by For The Many, Legal Services of the Hudson Valley, and the Hudson Valley Justice Center, aims to help Kingston tenants navigate the claims system for overcharges and potentially expedite their refunds. Jennie Goldstein, an organizer with For the Many, stated that 116 tenants sought help from the clinic over just four days.
However, tenants have resorted to sending certified mail to DHCR's office in Queens due to issues with the online application. The Division of Housing and Community Renewal offers an online application for tenants to fill out, but it is often broken. So far, DHCR has only rendered 13 judgments on overcharges, which suggests that tenants may have to wait a while for their refunds.
The City of Kingston is preparing to release a second vacancy study later this month, which has caused concern among tenants, some of whom fear that it could lead to the end of rent stabilization in Kingston.
In light of these challenges, tenants are advised to pursue formal mediation through available local programs and document all communications carefully. They can request assistance from the Landlord-Tenant Mediation Program in Kingston, which offers free, confidential help from trained neutral mediators to resolve conflicts between landlords and tenants, including disputes over rent adjustments.
Tenants should also immediately notify their landlords in writing of any income changes affecting rent and keep detailed records, since rent adjustments are based on the date of income change notice, not when the income changes are realized. This can help in establishing the basis for claims.
If the local mediation route does not resolve the issue, tenants might consider filing formal complaints with municipal housing authorities or seeking legal advice or representation. Keeping organized records and following up persistently will strengthen tenants’ positions in these disputes.
Tenants living in units covered by the Emergency Tenant Protection Act must fill out a RA-89 complaint form to show they are being overcharged by their landlord. The 35-day period for a landlord to contest the judgment applies to all overcharge claim judgments in Kingston.
Tenants who receive an overcharge claim judgment from the state can expect a reduction in their monthly rent immediately. Once the contestation process is complete and the refund is secured, they can look forward to a significant financial relief.
- In light of difficulties encountered by tenants in Kingston while collecting refunds from negative rent adjustments, tenants can turn to the Landlord-Tenant Mediation Program in Kingston for free, confidential help from trained mediators.
- Tenants might also consider seeking legal advice or representation if local mediation does not resolve their overcharge claim issues.
- For those living in units covered by the Emergency Tenant Protection Act, it is important to fill out a RA-89 complaint form to demonstrate overcharging by the landlord.
