Special Meeting of the Village of Nyack Board of Trustees
Special MeetingNyack, NY · December 21, 2023
Agenda
Village of Nyack
9 North Broadway, Nyack, NY 10960
Village Board of Trustees Special Meeting
December 21, 2023 5:30 pm
YouTube meeting livestream access link (public comment is in-person only):
https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag
1. Pledge of Allegiance
2. Mayor-Elect Joe Rand’s Remarks
3. Public Comment – Discussion of Action Items Only – Public Speakers are Subject to a Three-
Minute Time Limit.
4. Action Items
5: Resolution No. 2023-185 - Resolution of the Nyack Village Board of Trustees to Set a
Public Hearing on January 11, 2024, to Consider Rescinding the November 9, 2023 Vote to
Opt-In to/Adopt the New York State Emergency Tenant Protection Act
WHEREAS, on November 9, 2023, the Village of Nyack (“Village”) Board of Trustees adopted
Resolution No. 2023-161, declaring the existence of a housing public emergency requiring
regulation of residential rents in certain housing accommodations, thereby opting into/adopting the
NYS Emergency Tenant Protection Act (“EPTA”).
WHEREAS, the Village has identified concerns with its rental housing vacancy analysis, and
resulting declaration of a housing emergency, specifically in the accuracy of the survey/study
pertaining to complexes with multiple buildings, placing in doubt the Village’s determination, on
November 9, 2023, that a rental housing vacancy rate of less than 5% exists for the class of
buildings built before 1974 and having 25 or more dwelling units.
WHEREAS, the State of New York, on December 8, 2023, amended the ETPA to further empower
municipalities to conduct more accurate vacancy surveys/studies, by bolstering municipalities’
ability to obtain more precise data on actual occupancy through collection of rent rolls, and other
rental information, in addition to more vigorous data gathering means and methods, including the
imposition of a monetary penalty for landlords that violate the ETPA’s survey/study mandates.
WHEREAS, the Village would like to repeat its vacancy survey/study, using the more robust means
and methods provided in the very recently amended ETPA law.
RESOLVED that the Board of Trustees of the Village of Nyack schedules a Public Hearing for
January 11, 2024, 8:00 PM, to consider rescinding its aforesaid Resolution No. 2023-161 of
November 9, 2023, that had declared the existence of a housing public emergency requiring the
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regulation of residential rents in certain housing accommodations opting into/adopting the ETPA;
and
RESOLVED that the Board of Trustees of the Village of Nyack directs the Village Administrator to
repeat the residential rental vacancy survey/study using the updated means, methods and
procedures, as prescribed in the recently amended ETPA, in anticipation of again opting
into/adopting the ETPA if, indeed, a rental housing emergency is shown to legally exist.
6. Public Comment
7. Comments from the Board of Trustees
8. Adjournment
9. Welcome and Recognition of:
• Mayor- Elect Joe Rand
• Trustee-Elect Nathalie Riobe-Taylor
• Trustee-Elect Joe Carlin
• Village Justice-Elect Rob Knoebel
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