This column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores two recent decisions by Senior U.S. District Court Judge Lawrence E. Kahn evaluating a constitutional challenge to recent amendments to New York’s Emergency Tenant Protection Act (ETPA), N.Y. Unconsol. Law §8623.
Hudson-Valley-based Plaintiffs Challenge Recent Amendments to New York’s Emergency Tenant Protection Act
On March 18 2024, a group of Hudson Valley-based property owners brought an action against the State of New York, the New York State Division of Housing and Community Renewal, the Village of Nyack, and the City of Poughkeepsie seeking a declaratory judgment holding that portions of the ETPA were facially unconstitutional. Hudson Shore Associates et al. v. The State of New York et al., No. 1:24-cv-00370-LEK-MJK. Plaintiffs Hudson Shore Associates Limited Partnership, Haven on the Hudson LLC, and Kenneth Levinson own residential apartment complexes in the Hudson Valley and the final plaintiff, Hudson Valley Property Owners Association, represents the interests of landlords of real property throughout the region.
