Eviction Laws in Kingston, New York
Kingston is the seat of Ulster County and the first capital of New York State (1777), a historic Hudson River city of approximately 24,000 known for its Stockade District and Rondout waterfront. Once an IBM-era industrial hub, Kingston has in recent years experienced a sharp wave of gentrification, as New York City residents — especially during and after the pandemic — moved up the Hudson Valley, driving rents and home values up rapidly (the median home value jumped roughly 13 percent in a single recent year). That surge in housing costs is the backdrop to Kingston’s defining legal feature: it is the only city in New York State to successfully adopt rent stabilization under the Emergency Tenant Protection Act (ETPA), and it has also opted into Good Cause Eviction. Renters make up a slight majority — about 52 percent of households — and the median gross rent is roughly $1,469. The housing stock is among the oldest in the state, with a median construction year of 1938 and about 57 percent of units built before 1940.
New York eviction law — the Real Property Actions and Proceedings Law (RPAPL) Article 7 — requires landlords to serve a written notice before filing suit. For nonpayment of rent, a 14-day written rent demand is required under RPAPL § 711(2), specifying the exact amount owed and the time period covered. For lease violations, a 10-day notice to cure is required under RPAPL § 753(4). Month-to-month tenancies require 30 days’ notice if the tenancy is under one year, 60 days if between one and two years, and 90 days if the tenancy exceeds two years (RPL § 232-b as amended by HSTPA 2019). Once the notice period expires without compliance, the landlord files a summary proceeding (nonpayment or holdover petition) with the court. A critical protection added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA): tenants may cure a nonpayment at any time until the sheriff physically executes the warrant of eviction — payment of all rent and fees owed stops the eviction entirely. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768.
As of August 18, 2024, all landlords statewide must include the Good Cause Eviction Law notice (RPL § 231-c) on every lease, every rent demand, every petition, and every notice — even for units that are exempt from the substantive Good Cause protections. Failure to include this notice can result in dismissal of the proceeding.
Kingston & Ulster County — Local Rules That Affect Landlords
Rent Stabilization (ETPA) — In Force, and a Statewide Landmark. Mayor Steve Noble signed Kingston’s adoption of the ETPA on July 29, 2022, and it has been in effect since August 1, 2022. The city formed a Kingston Rent Guidelines Board (KRGB), which set guidelines that included a historic 15 percent reduction in rent for stabilized units — the first time any New York municipality has reduced rents under the ETPA. The stabilization applies to buildings with six or more units built before 1974; coverage was initially about 64 buildings and 1,200 apartments and now stands at under 1,000 units (under 20 percent of the city’s rentals) after exemptions and rehabilitation. On June 18, 2025, the New York State Court of Appeals — the state’s highest court — upheld Kingston’s vacancy study, its housing-emergency declaration, its ETPA adoption, and the 15 percent rent reduction. Owners of covered units must register with the New York State Division of Housing and Community Renewal (DHCR), comply with KRGB guidelines on rent increases and renewals, and may only evict stabilized tenants on grounds allowed by law. Important: Kingston’s stabilization remains the subject of ongoing litigation and a 2025 vacancy-survey review by the Common Council, which is weighing whether to keep, modify, or end the program — so landlords must verify each unit’s current stabilized status, registration obligations, and allowable rent adjustments directly with DHCR and the KRGB before setting rent or pursuing a proceeding.
Good Cause Eviction — Also In Force. Separately from ETPA, Kingston has opted into the Good Cause Eviction Law under a strong local version. For covered market-rate (non-stabilized) units, a tenant who pays rent and follows the lease is generally entitled to a renewal, a landlord must establish a legally recognized “good cause” to evict or refuse renewal, and tenants may challenge rent increases above the lower of 10 percent or 5 percent plus CPI. Between ETPA stabilization and Good Cause, the large majority of Kingston tenancies carry one protection or the other — landlords should assume coverage and plead accordingly.
The Combined Effect. With both rent stabilization and Good Cause in force, Kingston is the most heavily tenant-protective small city in New York. Landlords should treat compliance — DHCR registration for stabilized units, proper Good Cause notices for the rest, and documented cause for any holdover — as essential before filing.
Short-Term Rental Caps. Kingston has adopted limits on short-term rentals. Owners considering nightly or seasonal rentals should confirm current short-term-rental rules and permit requirements with the city.
Older Housing Stock & Lead Paint. With a median construction year of 1938 and roughly 57 percent of units built before 1940, the overwhelming majority of Kingston rentals predate the 1978 lead-paint cutoff. Federal lead-paint disclosure is mandatory for pre-1978 housing, and aging systems make the warranty of habitability (RPL § 235-b) a frequent issue — and for stabilized units, DHCR can order rent reductions for decreased services.
City Court & the 3rd Judicial District. Kingston falls within the Third Judicial District. Evictions for rental premises inside the city are filed at Kingston City Court. After judgment, the Ulster County Sheriff executes the warrant of eviction.
Heat Season. Under New York State law, landlords must provide heat from October 1 through May 31, maintaining at least 68 degrees Fahrenheit during the day when outdoor temperatures fall below 55 degrees, and at least 62 degrees overnight.
Source-of-Income Protection. Source-of-income discrimination is prohibited under the New York State Human Rights Law. Denying an applicant because they intend to pay with a Housing Choice Voucher, government subsidy, or other lawful source of income is illegal — landlords must evaluate ability to pay without regard to the source.
Free Legal Help. Legal Services of the Hudson Valley provides free civil legal assistance to qualifying low-income tenants in Ulster County, and the Third Judicial District Court Help Center offers procedural guidance for unrepresented parties. RUPCO is an active local housing organization.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. It must be returned within 14 days of move-out with an itemized statement of deductions. Application fees are capped at $20 total. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period. Kingston does not impose additional local deposit requirements beyond state law.
Kingston City Court — Where Kingston Landlords File
Kingston landlords file summary proceedings (nonpayment petitions and holdover petitions) at Kingston City Court, 1 Garraghan Drive, Kingston, NY 12401. General phone: 845-481-9350. The court sits in the Third Judicial District (Ulster County). The filing fee for a summary proceeding is approximately $45. After judgment, the Ulster County Sheriff executes the warrant of eviction and must give the tenant 14 days’ written notice before physical removal (RPAPL § 749). Kingston proceedings carry extra layers: for ETPA-stabilized units, the court will verify regulatory status and DHCR compliance, and stabilized tenants can only be removed on legally permitted grounds; for Good Cause-covered units, the landlord must plead and prove a recognized cause in a holdover. As a result, uncontested nonpayment cases typically run about 6 to 10 weeks, while contested proceedings — common here given the layered protections — frequently extend to 12 to 16 weeks or longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Ulster County Sheriff is authorized to physically remove a tenant.
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