Vacancy Rental Study

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View the City of Newburgh Vacancy Study (PDF)


The City of Newburgh Planning and Development Department is currently conducting a Rental Vacancy Study to determine whether a declaration of emergency can be issued for the City’s housing stock subject to New York State’s Emergency Tenant Protection Act (ETPA). If the Study finds a rental vacancy rate below five (5) percent, the City Council would then be able to enable ETPA, which would lead to the formation of a Rent Control Board and the setting of “rent control” for buildings subject to ETPA.

A fact sheet related to ETPA from the New York State Division of Housing and Community Renewal (HCR) is available on the New York State Homes and Community Website.

Frequently Asked Questions

What buildings are subject to ETPA and therefore will be surveyed?

In general, ETPA applies to residential buildings containing six (6) or more units that were constructed before 1974.

What buildings are not subject to ETPA and therefore will not be surveyed?

The following building types are not subject to ETPA and therefore are not being surveyed:

  • Housing accommodations containing less than six (6) dwelling units;
  • Housing accommodations completed on, or after, January 1, 1974;
  • Housing accommodations that were built as commercial prior to 1974 and converted to residential after 1974;
  • Housing accommodations in building completed or buildings substantially rehabilitated as family units on or after January 1, 1974;
  • Motor courts
  • Tourist homes serving transient guests exclusively;
  • Rent controlled apartments including:
    • Building owned by the Newburgh Housing Authority
    • Buildings that are subject to regulation through a New York State affordable housing program or similar federal programs
  • Certain non-profit units, including:
    • Buildings owned by hospitals, colleges or non-profits and operated for charitable or educational purposes

If a building is subject to ETPA, what should a property owner expect to receive from the City as it relates to this study?

Property owners whose buildings are subject to ETPA will receive a cover letter, survey, and property owner/manager Affidavit from the City. The survey should be filled out and the property owner/manager Affidavit should be notarized.

Study documents are available below:

Study Cover Letter (PDF)

Survey and Affidavit

How can the survey be returned to the City?

Please return the completed survey and property owner/manager Affidavit by regular mail or email.

Regular Mail:

City of Newburgh Planning & Development Department

Attention: Jonathan Midler

123 Grand Street

Newburgh, NY 12550


When are survey responses due by?

Responses are due no later than June 19, 2023.

What happens if a survey response is not received?

If the City is unable to obtain a response, it will assume that no vacancies exist for the building. The City may attempt to obtain information and/or verify survey responses by other methods, such as review of public documents of record and request for site visit.

Is the City implementing rent control now?

No. Prior to any vote to implement ETPA, the City must complete the Study to determine if the vacancy rate is lower than five (5) percent. The results of the Study will determine if City Council is then able to vote to implement ETPA.

What happens if the Study finds a rental vacancy rate over five (5) percent?

The City will not meet the minimum threshold to declare an emergency under ETPA and therefore the study and the program will conclude.

Have other municipalities in New York State conducted similar Studies under ETPA?

Yes. Approximately forty (40) municipalities in New York State have completed rental vacancy studies, found a vacancy rate below five (5), and enabled ETPA through their local legislative body. The vast majority of these municipalities are located in Nassau, Westchester, and Rockland Counties. Within the Mid-Hudson Valley, the City of Kingston completed a rental vacancy study and enabled ETPA in 2022.

Who should be contacted for further information regarding the study?

If further clarification is needed regarding the survey questions or for general information about the study, contact the City Planner, Jonathan Midler, at (845) 569-7381 or via email at