Rental Vacancy Study (2021)

The City of Rochester commissioned a study on the vacancy rate in rental properties that would be eligible for rent stabilization under New York State’s Emergency Tenant Protection Act (ETPA) (if the City decided to opt-in under the ETPA) from April –July of 2021. A consultant team with M&L Associates, Highland Planning, and Fourth Economy conducted the rental vacancy study on behalf of the City.

The intent of the study was to accurately capture the vacancy rate of ETPA-eligible rental housing in Rochester to determine whether or not the City is eligible to opt-in to rent stabilization under the ETPA. The results of the study concluded that Rochester does not qualify to opt-in to rent stabilization under the ETPA at this time.

You can read the final rental vacancy report documents online. These documents provide an overview of the study, the methodology used to conduct the rental vacancy survey, and analysis of the data received:

On October 20, 2021, the consultant team and City staff conducted a work session with Rochester City Council to review the study’s analysis and findings:

Background

In June 2019, New York State enacted the Housing Stability and Tenant Protection Act of 2019, which expanded the ability to opt-in to rent stabilization under the ETPA to all municipalities throughout the state.

Previously, the only municipalities outside of New York City that were able to opt-in were those located in Nassau, Rockland, and Westchester counties. In order to opt-in to rent stabilization, municipalities must declare a housing emergency, which is defined in the ETPA as a rental vacancy rate of less than five percent in the housing stock that will be regulated. The City of Rochester conducted its rental vacancy study to determine whether or not the City is eligible to opt-in to rent stabilization under the ETPA at this time.

FAQ

Where can I get more information about the Emergency Tenant Protection Act (ETPA)?

This fact sheet from the New York State Department of Homes and Community Renewal provides an overview of the ETPA, as well as a list of frequently asked questions. The full text of the ETPA can be found here.

What types of properties are eligible for rent stabilization under the ETPA?

In general, eligible properties are buildings that were built and had six (6) or more residential units prior to January 1, 1974. However, there are some buildings that meet these criteria that were not included in this study because they are not eligible under the ETPA, such as buildings owned or operated by Rochester Housing Authority (RHA) or where rentals are fixed by or subject to the supervision of the New York State Department of Homes and Community Renewal. Housing accommodations subject to regulation under the ETPA are included in Section 5 of the ETPA, but please note that the majority of that section is a list of housing accommodations that are exempt from regulation.