Vacancy Study Final Report
Vacancy Study Final Report
Vacancy Study Final Report
1
Introduction
The NYS Emergency Tenant Protection Act (ETPA) was amended in 2019 to allow upstate municipalities to
declare a state of emergency for the purposes of stabilizing rents if the vacancy rate for eligible buildings is
below 5%. The City of Albany’s Common Council directed the undertaking of a rental vacancy study (the Study)
to determine the housing vacancy rate in eligible buildings, which include residential properties that were
completed prior to January 1, 1974, and contain at least six (6) dwelling units. This report delivers on that
directive, and is a tool to assist the Common Council in making an informed decision as to whether it may
declare a housing emergency pursuant to the NYS ETPA. Per State Law, subsidized housing and buildings that
underwent substantial rehabilitation or conversion to residential after 1974 were not considered to be eligible
for the final calculation of the vacancy rate.
As of this writing, the Cities of Poughkeepsie, Newburgh, and Kingston have all adopted rent stabilization
measures following reported vacancy rates below 5%. Following ongoing lawsuits by the Hudson Valley Property
Owners Association against all three municipalities, only Kingston currently utilizes rent stabilization measures
free of a restraining order. The Village of Nyack adopted rent stabilization measures in November 2023 before
deciding that their study was inaccurate and opted out in January 2024.
2
Methodology & Process
New York State, by and through the New York State Department of Homes & Community Renewal (HCR), has
neither adopted nor required a specific methodology for municipalities to use when conducting a rental vacancy
study. Thus, the City began by looking at established practices utilized in ETPA surveys conducted by other
municipalities in New York State. Specifically, the City of Albany referenced recent rental vacancy studies
conducted by the Village of Ossining (2018), the City of Kingston (2020 and 2022), the City of Rochester (2021),
the City of Newburgh (2023), and the City of Poughkeepsie (2024). Prior to beginning the study, City staff
reviewed each of these methodologies, sought guidance from professionals involved in the rental vacancy
studies from those municipalities, and reviewed and monitored relevant case law before adopting our own
methodology that anticipates and corrects for specific challenges previous studies faced.
The study considered housing accommodations that could be subject to ETPA regulations (“Eligible Property”).
Thus, the Study only considered housing accommodations believed to have six (6) or more legally established
residential units built prior to January 1, 1974. The following types of properties were also exempted from ETPA
regulations and were excluded from the final calculation of the vacancy rate:
Our methodology uses the U.S. Census Bureau’s definition of Rental Vacancy Rate, defined as “the proportion of
rental inventory which is vacant for rent”. For the purposes of this study, rental inventory was calculated as the
total number of eligible units according the reported number of units by property owners. Units “vacant for
rent” were calculated as the total number of legal units reported by property owners, less: (a) confirmed
occupied units; (b) vacant units due to construction, repairs, or being used for storage or for some other non-
residential use; and (c) vacant units not made available for rent by the property owner1.
Staff assembled the property list used for this study in February & March 2024, and reviewed it for compliance
with the City’s Rental Dwelling Registry prior to and during the commencement of the survey. Staff primarily
relied upon data and information from the City Assessor’s Office, Buildings & Regulatory Compliance in the
Department of Neighborhood & Community Services, and property lists previously assembled for the RFP’s that
were published in March 2020, December 2020, & May 2021 seeking a consultant to complete the study2. The
initial list comprised of 429 parcels of real property with a total of 6,715 dwelling units.
The list included the owner’s mailing address of record. Staff used the mailing address of record for the initial
mailing, and then used any additional addresses listed in Buildings & Regulatory Compliance’s database for the
1
See Analysis section for a brief discussion on the difference between this study and others on the rate calculation
2
There were no qualified responses to these RFPs
3
second and third mailings. A handful of owners requested mailings to be sent to different addresses, which was
also accommodated. Copies of all mailings are included in the Appendix.
The City contracted with the Center for Disability Services to handle the printing and mailing of the survey. On
March 25, Staff sent the initial list of addresses and form letter to the Center for Disability Services for mailing to
property owners. The letter was on Neighborhood & Community Services letterhead with a Survey Monkey link
to the survey and information about NYS ETPA, including a link for recipients to NYS HCR’s fact sheet on ETPA.
The letter included a statement in bold text that read, “If the City is unable to obtain any credible occupancy
data for your property, the law requires that the City is to assume each and every unit in your building is
occupied for the purposes of the survey”. The survey contained twenty-three (23) questions to be completed by
the property owner or authorized property manager. The letter also included a survey code to help ensure
accuracy and a requested completion date of April 26th. A copy of the initial mailing, the survey, and subsequent
mailings is in the Appendix.
On April 19th City Staff sent out a reminder email to those who hadn’t responded to the initial survey mailing.
Not every property owner had an email address linked with their property in the Buildings & Regulatory
Compliance’s database, so some property owners did not receive this email.
A planned second, certified, mailing went out the week of April 22nd, as City staff had received only 125 survey
responses. This mailing utilized an address list updated to correct for mail returned from the first mailing where
possible and included a cover letter, a copy of the original letter, a paper copy of the survey, and a postage paid
return envelope. The cover letter extended the requested completion date for the survey to May 10th.
City staff had attempted to utilize professional phone banking services in the area to conduct follow-up phone
calls to non-responsive owners in the ETPA-eligible survey, but were unable to secure their services due to the
demand for phone banking and polling services in a national election year. Instead, six additional staff members
from the Department of Neighborhood & Community Services completed over 300 follow-up phone calls using a
staff generated script to non-responsive property owners over three weeks in June, garnering an additional 37
responses.
A third mailing went out the week of June 17th, informing owners of our last and final attempt to have them
complete the vacancy study, with a requested completion date of June 28th. This mailing utilized an updated
mailing list and included a cover letter, a copy of the second letter, a paper copy of the survey, and a postage
paid return envelope.
Additional emails and phone calls were made to individual property owners throughout May, June, & July based
on early reviews of provided answers, relationships staff had with various non-responsive property owners, and
requests made by some property owners for more information. In total, the City received 353 responses on the
ETPA-eligible survey for a response rate of 82%. Table 1 below shows the response rates to vacancy studies
conducted across NYS, along with ours.
4
Table 1: Vacancy Surveys in NY
Eligible
Respons Units Length of Time In-House or
City Properties
e Rate Surveyed (months) Consultant
Surveyed
Newburgh 88% 68 738 7 In-House
Albany 82% 357 4681 8 In-House
Ossining 76% 64 1503 4 Consultant
Kingston 74% 59 1270 4 In-House
Poughkeepsie 61% 112 1494 7 In-House
Rochester 38% 668 10248 7 Consultant
Beginning in July, staff began thoroughly examining survey responses for accuracy and claimed exemptions. Of
the 353 responses we received, 251 property owners claimed an exemption to ETPA (71% of all responses). All
of these claimed exemptions required extensive and time-consuming follow-up that included but was not
limited to additional conversations with property owners, site visits from city and codes staff, coordination with
NYS HCR’s Office of Rent Administration, and checking building permit records both electronically and in-
person3. The largest claimed exemption was for buildings that were substantially renovated or converted post-
1974. Many of the claims property owners made were that conversions or renovations occurred after 1974 but
before 2016 when Buildings & Regulatory Compliance began keeping records electronically in Energov, the
software used by Buildings & Regulatory Compliance for code enforcement and permitting activities. This
required City staff to make multiple time-consuming trips to the basement of City Hall and the County Hall of
Records to try to locate building permit records or loan documents that corroborated property owner’s claims.
Table 2 shows the number of exemptions claimed and the percentage of those claims found by staff to be
accurate.
Reviewing these claims was made more difficult and time-consuming due to the vague language used in the
State statute, particularly around the definition of what constitutes a “substantial renovation”. Thankfully, NYS
HCR’s Office of Rent Administration provided guidance which was helpful in determining whether a building was
exempt (See the Appendix for a copy of this guidance). Similarly, the language in the law regarding subsidized
units is also vague, which resulted in a significant amount of property owners believing that their units with
tenants utilizing Section 8 vouchers were also exempt. Again, guidance from NYS HCR assisted city staff in
working through those claims and coming to a determination in each case.
3
Given the evolving nature of these studies and the lawsuits filed by landlord groups, the amount of work produced by the
claimed exemptions demanded an exorbitant amount of time from city staff which could not have been anticipated. For
example, NYS HCR provided city staff with previous determinations made on individual buildings in Kingston. The quickest
determination made on any of those individual cases by NYS HCR was seven months.
5
Though the majority of the data quality control work was done via phone calls and reviews of claimed
exemptions, city staff also utilized information from several other departments to check responses and conduct
quality control. Information from Buildings & Regulatory Compliance’s Rental Dwelling Registry and permitting
operations were used multiple times, along with water usage from the Albany Water Department and Calls for
Service to the Albany Police Department. Thanks to the recent city-wide reassessment, rent rolls were gathered
from the City Assessor’s office where possible for properties that had challenged their reassessments. Some site
visits were also conducted, though these were the least effective in determining whether the provided answers
were correct4.
In total, nearly a dozen buildings were assumed to be fully occupied due to issues in the property owner’s
responses and the lack of follow-up communication from those owners. Most of these issues stemmed from
what appeared to be simple arithmetic errors or typos combined with the property owner’s failure to respond to
city staff’s questions about the errors. One set of properties was deemed as fully occupied due to a property
owner’s claim of being fully vacant while simultaneously challenging their assessment of “income-producing”
properties. It is theoretically possible for both claims to be true given the timeline of the assessment challenge
and the survey response, but the owner failed to provide city staff with additional information (such as a rent
roll) that would settle the question.
4
NYS law does not require site visits as a part of a vacancy study, nor does it require property owners to give city staff
access to their buildings. The mere decision as to which buildings would be the subject of a site visit without obvious errors
in their responses is subject to potential biases. City staff’s conversations with staff from Newburgh & Kingston revealed
similar experiences, as did Rochester’s 2021 study. Staff from both cities described the results of their site visits to be
limited to correcting obvious errors from property owners and did not report discovering that any property owners had lied
in their initial responses.
6
Universe of Rental Properties
A key question city staff grappled with during this study was how much of the city’s rental stock was captured in
this survey? The initial list of 429 parcels with a total of 6,715 dwelling units – what percentage of the city’s
rental housing stock does that comprise?
City staff used assessment records in the Building Blocks software by Tolemi to answer this question.
Factor
Property Classification # of Total % of Total Rental % of Total Housing
(Units per
(per Assessor's Office) Properties Units Units Units
property)5
2 Family 6031 2 12062 37.7% 26.4%
3 Family 1276 3 3828 12.0% 8.4%
Apartment 1139 13.11 14935 46.7% 32.7%
Other 40 2.5 100 0.3% 0.2%
Att row bldg 368 2.5 920 2.9% 2.0%
Det row bldg 62 2.5 155 0.5% 0.3%
Rental Summary 8916 N/A 32000 100.0% 70.1%
1 Family 13617 1 13617 N/A 29.9%
All Housing summary 22533 N/A 45617 N/A 100.0%
Chart 1: Approximate housing units & residential buildings in the City of Albany by tax code
8000
6000
4000
2000
0
2 Family 3 Family Apartment Other Att row bldg Det row bldg 1 Family
Axis Title
5
Two assumptions are made in this column. First, given that the vast majority of properties in the survey are in the
“Apartments” classification, the average number of units per ETPA-eligible building is used as the factor here. Second, the
“other”, “Att row bldg”, and “Det row bldg” are each assumed to have an average of 2.5 units.
7
Utilizing the Assessor’s property classifications in Building Blocks, there are roughly 32,551 total rental units in
8,916 buildings across the City of Albany. After adding in the single family homes, we estimate there are
approximately 46,168 total units of housing across 22,533 buildings, for an average of just over 2 units per
building.
ETPA Eligible ETPA Eligible ETPA units as a % of total rental ETPA units as a % of total housing
Bldgs Units units units
357 4681 14.63% 10.26%
The number of eligible units for ETPA, as determined by the survey responses and analysis, represent just under
15% of the total universe of rental units, and just over 10% of all housing units. The 349 buildings these units are
in represent only 4% of all residential rental buildings and 1.5% of all residential buildings in the City of Albany. If
the vacancy rate is below 5%, it is only these eligible buildings (357) and units (4681) that would see the impacts
of rent stabilization.
Looking at this from a regional perspective, the US Census Bureau’s American Community Survey 2018-22 5 year
estimates6 assessed that the Capital Region has approximately 132,633 occupied rental units, with over 55,000
of those in Albany County alone. The units eligible for ETPA in this study account for a mere 8% of all rental units
in Albany County and 3.5% of all occupied rental units in the Capital Region.
6
https://cdrpc.org/capital-region-housing-affordability
8
Findings
The final survey results included 357 properties with 4,681 units. The response rate was 82%.
There were 23 properties in the initial list that were removed due to the buildings containing fewer than six
units. There were an additional 47 properties in the initial list that were removed due to having substantial
rehabilitation or conversion after 1974 – these buildings contained a reported 1,309 total units. An additional
four buildings on the initial list were removed due to information from NYS HCR that they were already rent
controlled and thus ineligible – these four buildings contained 752 units. 35 units within the buildings considered
eligible were removed from the study due to exemptions under NYS law. There were 73 properties with 700
units where the owners did not respond to the survey, despite numerous attempts to reach them. Per NYS law,
these 700 units were counted as being fully occupied.
The overall vacancy rate for buildings that were completed prior to January 1, 1974, contain at least six (6)
dwelling units and are eligible for ETPA in the City of Albany is 8.33%. This rate is not sufficient to declare a
housing emergency for eligible property under ETPA.
Summary Table
9
Analysis
Astute readers of this report (and other vacancy reports from across the State) will notice a small difference
between our methodology and other municipalities. Property owners in our survey reported roughly 40 more
units than were authorized by residential occupancy permits. Our study utilizes the reported number of units by
property owners, as we believe that is a more accurate representation of the number of units being rented at
the time of survey response, whereas the rental dwelling registry information could be outdated. All other
municipalities used the number of units authorized by their rental dwelling registries. This change resulted in an
inconsequentially lower vacancy rate (about 0.1% lower).
In order to achieve a vacancy rate below 5%, there would need to be no more than 234 units available for rent,
which is 162 less units than what this study found. Similarly, you would need to add 3,239 more occupied units
without adding any additional vacancies in order to reach the 5% threshold.
Adding in any of the exempted classes of units that were initially included in this study would also not reach the
sub-5% threshold.
While it may be surprising to many that the vacancy rate is above 5%, and thus not eligible for the Common
Council to declare a housing emergency pursuant to the NYS Emergency Tenant Protection Act, our own
experiences and regional research suggest there is still a housing crisis in the City of Albany, just not one eligible
for rent stabilization under NYS law.
Tenants with means to move are likely looking at and comparing apartments across multiple municipalities in
the regional rental market, while tenants without means to move are limited to sub-markets, often within
municipalities and within specific neighborhoods. Tenants without means have very limited choices, often to
housing that is substandard. Previous engagements city staff have completed with residents have documented
this well – renters across the city feel they aren’t getting a fair value for what they’re paying, regardless of
means. Those who can afford better with the ability to move often do, in some cases leaving the City of Albany
entirely. Most neighborhoods that often express worries about displacement through gentrification are already
experiencing displacement, but through decline and/or regional competition, not gentrification. These divergent
experiences are well-documented in national academic literature and important to understand in housing policy.
Given that the City of Albany exists within a regional housing market, a vacancy rate of below 5% would likely
mean that multiple other local municipalities are also experiencing vacancy rates at or below 5%. Similarly,
vacancy rates above 5% in Albany likely mean that other local municipalities in the Capital Region have higher
than 5% vacancy rates.
City staff in the Department of Neighborhood & Community Services are no strangers to desperate housing
situations and substandard rental housing – we work on this issue daily. Some of us live it. The average building
in Albany is over 90 years old, and those in formerly redlined neighborhoods are often 110 to 130+ years old.
Given that every ETPA-eligible building is at least 50 years old, it is expensive housing stock to maintain. Our
partners at Habitat for Humanity, the Albany County Land Bank, Albany Housing Authority, and NYS Housing &
Community Renewal are reporting financing gaps for both renovations and new construction to be up to $300k
per unit. While most of this housing stock is run by good property owners, there are some who act as day
traders instead of long term investors, by renting out properties that are not up to code, delaying property
maintenance, and retaliating against tenants who complain of code violations.
The Capital District Regional Planning Commission’s (CDRPC) 2024 Housing Affordability Study7 noted that while
renter wages increased 3.3% from 2022 to 2023, the rent for one and two bedroom apartments increased by
7
https://cdrpc.org/capital-region-housing-affordability
10
8.8%. That same report found that renter occupied units increased across the whole Capital Region by 11,142
between 2017 & 2022 (2,228 units per year), with the majority of that increase (70%) occurring outside of
Albany County. Their regional reporting on permitting from 2021 – 20238 found 7,078 permits issued across the
Capital Region (2,359 per year), with 45% of those permits going to buildings with 5 or more units. Only 26% of
those permits on 5+ unit buildings across the Capital Region were issued in the City of Albany. Interestingly,
CDRPC’s Cost of Living Index, which measures relative price levels for consumer goods and services in the Capital
Region, shows a steady decrease in the cost of housing starting in Q4 of 20209.
The findings from this survey combined with the experiences of staff, our partners across the State, and
residents on the ground suggest that the housing crisis in the City of Albany is not necessarily one of occupancy,
but of condition and perceived value.
Given that this study only looks at less than 15% of the total rental units in the City of Albany, we look forward to
completing additional research into our local housing market to further explore housing issues across the City.
8
https://cdrpc.org/building-permits
9
https://cdrpc.org/cost-of-living-index-coli
11
Acknowledgements
The Department of Neighborhood & Community Services would like to thank the following people for their
assistance with the project:
Staff from the Department of Neighborhood & Community Services, who set aside countless hours of their time
to complete this study while continuing to complete their normal duties. Multiple staff members were subjected
to abusive language, insults, and deliberate provocations while carrying out this study.
Staff from Corporation Counsel’s Office, for assistance in reviewing state law, case law, and verifying property
eligibility and housing unit counts
The Center for Disability Services, for assisting with multiple mass mailings in a professional and courteous
manner
Staff at the Albany County Hall of Records, for their assistance in locating building permit information prior to
2000
Woody Pascal, NYS Housing & Community Renewal, for assistance with identifying subsidized housing units for
exclusion and exemption from the study
Trey Kingston, City Assessor, for assistance with verifying property eligibility and housing unit counts
Joshua Gold, Senior Code Enforcement Inspector, for assistance with verifying housing unit counts
Bartek Starodaj, Director of Housing Initiatives, City of Kingston NY, for sharing their experience and information
on the Kingston vacancy study
Jonathan Midler, City Planner, & Ali Church, Director of Planning & Development, City of Newburgh NY, for
sharing their experience and information on the Newburgh vacancy study
Elizabeth Murphy, Community Planner, City of Rochester NY, for sharing their experience and information on
the Rochester vacancy study
12
Appendix
1. Eligible properties with Vacancy Information
2. Ineligible properties with Vacancy Information
a. Ineligible for Substantial Renovation or Conversion post-1974
b. Ineligible for already being rent controlled
c. Ineligible for having too few units
3. Initial Mailing
4. Second Mailing
5. Survey Questions
6. Third Mailing
7. Eligible ETPA properties by Ward
8. Ineligible properties for Renovation or Conversion Post-1974 Property Count by ward
9. ETPA-eligible owner locations by mailing address
10. ETPA-eligible owner typologies by property count
11. Guidance from NYS HCR on Substantial Rehabilitation
13
1. ETPA Eligible properties
16
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
38 S Main
21 1 0 21 1 5%
Ave
1146
10 5 0 10 5 50%
Madison Ave
570 Western
25 5 0 25 5 20%
Ave
20 Old
179 9 0 179 9 5%
Hickory Dr
21 Old
140 3 0 140 3 2%
Hickory Dr
216 Morton
7 5 4 3 1 33%
Ave
232 Morton
6 3 3 3 0 0%
Ave
141 Southern
6 0 0 4 0 0%
Blvd
1060
12 0 0 12 0 0%
Western Ave
208 Western
6 0 0 6 0 0%
Ave
206 Western
6 0 0 6 0 0%
Ave
298 State St 10 0 0 10 0 0%
419 Sheridan
6 3 0 6 3 50%
Ave
357 Morris St 31 9 0 31 9 29%
285 State St 6 1 0 6 1 17%
252 State St 13 2 0 13 2 15%
256 State St 16 5 0 16 5 31%
71 Chestnut
18 7 1 17 6 35%
St
400
Delaware 28 4 1 27 3 11%
Ave
27 Dove St 7 3 0 7 3 43%
336 Hudson
8 2 0 8 2 25%
Ave
338 Hudson
7 2 0 7 2 29%
Ave
26 Dana Ave 41 11 0 41 11 27%
385 Morris St 43 8 0 43 8 19%
8 S Lake Ave 66 19 3 63 16 25%
325 State St 9 1 0 9 1 11%
361 State St 7 1 0 7 1 14%
17
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
363 State St 7 2 0 7 2 29%
305 New
33 3 0 33 3 9%
Scotland Ave
600 Warren
97 6 0 97 6 6%
St
611 N Pearl
10 1 0 9 1 11%
St
620 N Pearl
10 2 0 9 2 22%
St
58 Willett St 7 0 0 7 0 0%
826-828
10 1 0 10 1 10%
Chestnut St
917 Park Ave 7 0 0 7 0 0%
921 Park Ave 7 0 0 7 0 0%
156 S Swan
7 0 0 7 0 0%
St
33 N Main
6 0 0 6 0 0%
Ave
1071
6 0 0 6 0 0%
Madison Ave
120 Chestnut
6 1 0 6 1 17%
St
132 Chestnut
10 3 0 10 3 30%
St
361
Washington 9 2 0 9 2 22%
Ave
277 Western
6 0 0 6 0 0%
Ave
21 Mc Alpin
12 1 1 11 0 0%
St
775 Myrtle
30 23 23 7 0 0%
Ave
74 Willett St 70 8 5 65 3 5%
110 N Allen
8 3 3 5 0 0%
St
8 S Allen St 6 1 1 5 0 0%
514 Bradford
6 0 0 6 0 0%
St
268 Quail St 6 1 0 6 1 17%
280 State St 9 2 0 9 2 22%
8 Madison Pl 6 2 0 6 2 33%
9 Ten Broeck
8 0 0 8 0 0%
St
18
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
1 Sprague
10 1 0 10 1 10%
Place
202-204 S
10 1 0 10 1 10%
Allen St
210 S Allen St 10 2 1 9 1 11%
265 S Allen St 8 0 0 8 0 0%
27 Winnie Pl 16 3 0 16 3 19%
34 Glenwood
10 0 0 10 0 0%
St
38 Glenwood
10 0 0 10 0 0%
St
29 Winnie St 16 0 0 16 0 0%
323 State St 9 0 0 9 0 0%
330 State St 8 0 0 8 0 0%
395 State St 10 0 0 10 0 0%
948
Washington 6 3 0 6 3 50%
Ave
950
Washington 6 3 0 6 3 50%
Ave
28 Willett St 8 1 0 8 1 13%
102 S Lake
12 4 0 12 4 33%
Ave
63 Second
14 1 0 14 1 7%
Ave
14 S Lake Ave 6 0 0 6 0 0%
740 Madison
9 1 0 9 1 11%
Ave
64 Willett St 10 0 0 10 0 0%
18
7 0 0 7 0 0%
Providence St
156 Jay St 7 1 0 7 1 14%
383 State St 6 1 1 5 0 0%
115 Philip St 12 11 0 12 11 92%
480 Ontario
8 1 1 7 0 0%
St
121 S Lake
6 0 0 6 0 0%
Ave
1156
16 1 0 16 1 6%
Madison Ave
391 State St 7 1 1 6 0 0%
19
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
294
Washington 6 1 0 6 1 17%
Ave
2 Colby St 6 0 0 6 0 0%
31 S Main
7 1 1 6 0 0%
Ave
100 N Pine
6 0 0 6 0 0%
Ave
96 N Pine
6 0 0 6 0 0%
Ave
297 Myrtle
6 0 0 6 0 0%
Ave
479 State St 12 9 0 12 9 75%
21 Ten
9 0 0 9 0 0%
Broeck St
93 Dana Ave 9 0 0 9 0 0%
1 Leonard Pl 6 0 0 6 0 0%
2 Leonard Pl 6 0 0 6 0 0%
6 Pine St 7 0 0 7 0 0%
445 Ontario
6 0 0 6 0 0%
St
1 Stonehenge
45 0 0 45 0 0%
Ln
2 Circle Ln 62 0 0 62 0 0%
2 Stonehenge
106 0 0 106 0 0%
Ln
387 State St 6 1 1 5 0 0%
182
Delaware 6 1 0 6 1 17%
Ave
202
Washington 12 4 0 12 4 33%
Ave
56 Second
7 0 0 7 0 0%
Ave
54 Parkwood
9 1 0 9 1 11%
Ave
36 Spring St 6 0 0 6 0 0%
718 Madison
8 0 0 8 0 0%
Ave
714 Madison
11 0 0 11 0 0%
Ave
70 Ontario St 6 2 0 6 2 33%
520 Morris St 8 2 0 8 2 25%
20
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
135 S Lake
13 0 0 13 0 0%
Ave
620 Madison
12 2 0 12 2 17%
Ave
618 Madison
7 2 0 7 2 29%
Ave
604 Madison
6 1 0 6 1 17%
Ave
314 State St 11 7 7 4 0 0%
304
Washington 7 3 3 4 0 0%
Ave
272-274
8 3 3 5 0 0%
Central Ave
18 N
Manning 19 6 0 19 6 32%
Blvd
46 Willett St 6 1 0 6 1 17%
329 State St 11 0 0 11 0 0%
122 S Allen St 7 2 0 7 2 29%
391 Madison
6 0 0 6 0 0%
Ave
268
Washington 32 2 0 32 2 6%
Ave
230 Lark St 13 3 0 13 3 23%
236 Lark St 6 1 0 6 1 17%
461 State St 8 1 0 8 1 13%
44 Willett St 9 1 0 9 1 11%
429-431
Washington 8 0 0 8 0 0%
Ave
364 Hamilton
7 0 0 7 0 0%
St
248 State St 34 8 3 11 5 45%
137 S Allen St 6 0 0 6 0 0%
465 S Pearl St 6 6 6 0 0 #DIV/0!
81 Ten
8 0 0 8 0 0%
Broeck St
199 S Allen St 24 3 0 24 3 13%
35 Mc Alpin
6 1 0 6 1 17%
St
40 Cleveland
12 0 0 12 0 0%
St
21
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
1154
14 2 0 14 2 14%
Madison Ave
351 Myrtle
7 0 0 7 0 0%
Ave
303 State St 10 1 0 10 1 10%
893
8 1 0 8 1 13%
Lancaster St
246 Lark St 12 2 0 12 2 17%
274 State St 9 3 0 9 3 33%
33 N Pearl St 6 0 0 6 0 0%
98 Central
10 1 1 9 0 0%
Ave
137 Clinton
6 0 0 3 0 0%
St
229 Morris St 12 0 0 12 0 0%
91 Southern
6 1 1 5 0 0%
Blvd
8 Ryckman
6 0 0 6 0 0%
Ave
16 Ryckman
6 0 0 6 0 0%
Ave
441 State St 8 8 8 0 0 #DIV/0!
51 Elm St 10 5 0 10 5 50%
83 S Lake Ave 6 0 0 6 0 0%
52 Watervliet
7 7 7 0 0 #DIV/0!
Ave
25
Woodlawn 8 0 0 8 0 0%
Ave
187 S Allen St 11 1 0 11 1 9%
5 Pine St 6 2 0 6 2 33%
500 Park Ave 8 1 1 7 0 0%
1 Edison Ave 9 0 0 9 0 0%
644 Morris St 6 0 0 6 0 0%
674 Madison
6 0 0 6 0 0%
Ave
560 Myrtle
6 2 0 6 2 33%
Ave
1102
6 0 0 6 0 0%
Western Ave
1098
6 0 0 6 0 0%
Western Ave
99 Columbia
8 2 0 8 2 25%
St
22
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
205 S Allen St 21 2 0 21 2 10%
97 Columbia
8 8 8 0 0 #DIV/0!
St
111 State St 6 1 0 6 1 17%
299 Quail St 6 4 2 4 2 50%
328 Western
10 3 1 9 2 22%
Ave
548 Madison
6 0 0 6 0 0%
Ave
29 Second St 19 6 0 19 6 32%
39 Jeannette
13 4 0 13 4 31%
St
41 Jeannette
13 5 0 13 5 38%
St
483 State St 9 2 0 9 2 22%
485 State St 7 2 0 7 2 29%
31 S Lake Ave 6 2 2 4 0 0%
56 S Main
6 2 0 6 2 33%
Ave
58 S Main
7 0 0 7 0 0%
Ave
127 Ryckman
6 0 0 6 0 0%
Ave
123 Ryckman
6 0 0 6 0 0%
Ave
811 Madison
8 2 0 8 2 25%
Ave
294 State St 8 1 0 8 1 13%
578 Madison
7 2 0 7 2 29%
Ave
449 State St 7 0 0 7 0 0%
405 Spring St 6 0 0 6 0 0%
345 State St 7 1 1 6 0 0%
347 State St 8 1 0 8 1 13%
21 Elk St 8 0 0 8 0 0%
131 S Lake
8 0 0 8 0 0%
Ave
62 N Pine
6 0 0 6 0 0%
Ave
407 Spring St 6 0 0 6 0 0%
24 N Allen St 6 0 0 6 0 0%
23
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
95 N
Manning 6 0 0 6 0 0%
Blvd
53 N Allen St 7 0 0 7 0 0%
21 Watervliet
10 0 0 10 0 0%
Ave
204
Washington 7 0 0 7 0 0%
Ave
61 Central
8 0 0 2 0 0%
Ave
403 Spring St 6 0 0 6 0 0%
107 Lincoln
219 29 26 193 3 2%
Ave
101 Eileen St 6 0 0 6 0 0%
137 Madison
9 0 0 9 0 0%
Ave.
196
Washington 10 0 0 10 0 0%
Ave.
27 N Pearl St. 18 0 0 18 0 0%
27 Western
31 0 0 31 0 0%
Ave.
285-287
6 0 0 6 0 0%
Quail St
328 Madison
9 0 0 9 0 0%
Ave
42 Ten Eyck
6 0 0 6 0 0%
Ave
419 Madison
6 0 0 6 0 0%
Ave
718 Central
9 0 0 9 0 0%
Ave
100 Morris St 16 0 0 16 0 0%
170 Knox St 8 0 0 8 0 0%
19 Avenue B 10 0 0 10 0 0%
20 Avenue B 10 0 0 10 0 0%
337 New
6 0 0 6 0 0%
Scotland Ave
95 Eileen St 6 0 0 6 0 0%
1094
6 0 0 6 0 0%
Madison Ave
51 Broad St 8 0 0 8 0 0%
24
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
420
Delaware 6 0 0 6 0 0%
Ave
151 Henry
8 0 0 8 0 0%
Johnson Blvd
117 Southern
6 0 0 6 0 0%
Blvd
54 S Main
6 0 0 6 0 0%
Ave
201 Park Ave 46 0 0 46 0 0%
96 Chestnut
7 0 0 7 0 0%
St
98 Chestnut
7 0 0 7 0 0%
St
234 S Allen St 6 0 0 6 0 0%
520 Hamilton
7 0 0 7 0 0%
St
164
Homestead 6 0 0 6 0 0%
Ave
166
Homestead 6 0 0 6 0 0%
Ave
170
Homestead 6 0 0 6 0 0%
Ave
135 Dana
6 0 0 6 0 0%
Ave
28 Robin St 6 0 0 6 0 0%
30 Robin St 6 0 0 6 0 0%
192 Ontario
8 0 0 8 0 0%
St
180 Fairlawn
6 0 0 6 0 0%
Ave
522
14 0 0 14 0 0%
Broadway
70 Morris St. 7 0 0 7 0 0%
6 St Joseph
7 0 0 7 0 0%
Ter
7 St Joseph
12 0 0 12 0 0%
Ter
570 Madison
6 0 0 6 0 0%
Ave
25
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
865 Madison
6 0 0 6 0 0%
Ave
135 Central
8 0 0 8 0 0%
Ave
68 Morris St 8 0 0 8 0 0%
142 Morton
13 0 0 13 0 0%
Ave
70 Central
6 0 0 6 0 0%
Ave
397 State St 10 0 0 10 0 0%
94 Spring St 50 0 0 50 0 0%
39 Parkwood
9 0 0 9 0 0%
St
111 S Lake
6 0 0 6 0 0%
Ave
369-371
6 0 0 6 0 0%
Morris St
106 N Allen
8 0 0 8 0 0%
St
31 Parkwood
6 0 0 6 0 0%
St
17 Picotte Dr 16 0 0 16 0 0%
28 Picotte Dr 16 0 0 16 0 0%
31 Picotte Dr 18 0 0 18 0 0%
352 Hackett
10 0 0 10 0 0%
Blvd
366 Hackett
16 0 0 16 0 0%
Blvd
100 Ryckman
7 0 0 7 0 0%
Ave
518
9 0 0 9 0 0%
Broadway
304 Ontario
6 0 0 6 0 0%
St
214 Jay St 7 0 0 7 0 0%
26 Dove St 7 0 0 7 0 0%
40 Willett St 9 0 0 9 0 0%
546 Madison
8 0 0 8 0 0%
Ave
550 Madison
8 0 0 8 0 0%
Ave
26 Willett St 6 0 0 6 0 0%
369 Hudson
6 0 0 6 0 0%
Ave
26
Total vacant Total vacant
Property Total vacant units not Total Eligible units
Total units Vacancy Rate
Address units available for Units available for
rent rent
371 Hudson
6 0 0 6 0 0%
Ave
373 Hudson
6 0 0 6 0 0%
Ave
441 Yates St 6 0 0 6 0 0%
800 Madison
7 0 0 7 0 0%
Ave
540 Madison
7 0 0 7 0 0%
Ave
117 S Pearl
8 0 0 8 0 0%
St.
10 Brevator 12 0 0 12 0 0%
12 Brevator 14 0 0 14 0 0%
14 Brevator 12 0 0 12 0 0%
20 Brevator 23 0 0 23 0 0%
841 Western
28 0 0 28 0 0%
Ave
127 Central
6 0 0 6 0 0%
Ave
690 State St 3 0 0 3 0 0%
48 Weis Rd 4 0 0 4 0 0%
Total 4876 550 160 4681 390 8.33%
27
2. Ineligible for Substantial Renovation or Conversion post-1974
Total Total
Property Total Total vacant units not Total vacant units Vacancy
vacant eligible
Address units available for rent available for rent Rate
units units
152
Washington 36 3 0 N/A 3 8%
Ave
16 Sheridan
133 5 0 N/A 5 4%
Ave
240
Sheridan 12 1 0 N/A 1 8%
Ave
39
39 2 0 N/A 2 5%
Columbia St
42 Willett St 9 DNP 0 N/A DNP DNP
43
22 4 0 N/A 4 18%
Columbia St
160 Myrtle
77 4 0 N/A 4 5%
Ave
138 Morton
8 1 0 N/A 1 13%
Ave
175 Jay St 97 97 97 N/A 0 0%
83 Beaver
9 0 0 N/A 0 0%
St
56 Sheridan
6 0 0 N/A 0 0%
Ave
60 State St 14 0 0 N/A 0 0%
1 Steuben Pl 43 3 0 N/A 3 7%
4 Central
37 3 0 N/A 3 8%
Ave
103
9 9 9 N/A 0 0%
Columbia St
138
Washington 8 2 1 N/A 1 13%
Ave
666 Third St 184 DNP 0 N/A DNP DNP
14 N
Manning 64 DNP 0 N/A DNP DNP
Blvd
37 Maiden
6 1 0 N/A 1 17%
Ln
105 Morris
28 0 0 N/A 0 0%
St
420
8 1 0 N/A 1 13%
Broadway
883
31 3 0 N/A 3 10%
Broadway
28
Total Total
Property Total Total vacant units not Total vacant units Vacancy
vacant eligible
Address units available for rent available for rent Rate
units units
87
7 0 0 N/A 0 0%
Columbia St
260
Washington 14 0 0 N/A 0 0%
Ave
89
10 0 0 N/A 0 0%
Columbia St
76 N Pearl
55 2 0 N/A 2 4%
St
889
13 0 0 N/A 0 0%
Lancaster St
560 N Pearl
6 6 6 N/A 0 0%
St
50 Colvin
14 3 0 N/A 3 21%
Ave
522
Washington 30 6 0 N/A 6 20%
Ave
688
Madison 10 2 0 N/A 2 20%
Ave
301 S Allen
8 1 0 N/A 1 13%
St
184
Washington 6 1 0 N/A 1 17%
Ave
81 Grand St 8 2 0 N/A 2 25%
80 N Allen
6 0 0 N/A 0 0%
St
382
10 2 0 N/A 2 20%
Broadway
109 State St 9 2 0 N/A 2 22%
111 State St 6 1 0 N/A 1 17%
346 State St 13 4 0 N/A 4 31%
39-49
Sheridan 44 1 0 N/A 1 2%
Ave
1 Columbia
21 1 0 N/A 1 5%
Pl
23 N Pearl
7 1 0 N/A 1 14%
St
4 Sheridan
13 2 0 N/A 2 15%
Ave
412
32 0 0 N/A 0 0%
Broadway
29
Total Total
Property Total Total vacant units not Total vacant units Vacancy
vacant eligible
Address units available for rent available for rent Rate
units units
81
8 1 0 N/A 1 13%
Columbia St
368-370
6 1 0 N/A 1 17%
Broadway
20 Park St 73 0 0 N/A 0 0%
Total 1309 178 113 0 65 4.97%
30
3. Ineligible for already being rent controlled
Total Total
Property Total Total vacant units not Total vacant units Vacanc
vacant eligible
Address units available for rent available for rent y Rate
units units
400
Hudson 182 36 0 N/A 36 20%
Ave
400
Central 308 41 0 N/A 41 13%
Ave
315
Northern 103 0 0 N/A 0 0%
Blvd
175 S
159 0 0 N/A 0 0%
Swan St
Total 752 77 0 0 77 10%
31
4. Ineligible for having too few units
Total Total
Property Total vacant units Total vacant units Vacancy
Total units vacant eligible
Address not available for rent available for rent Rate
units units
244 Lark St 5 0 0 N/A 0 0%
721
Madison 2 1 0 N/A 1 50%
Ave
1080
Madison 5 0 0 N/A 0 0%
Ave
236 Morton
5 1 1 N/A 0 0%
Ave
455
Washingto 4 0 0 N/A 0 0%
n Ave
186
Western 1 0 0 N/A 0 0%
Ave
654
Western 1 1 0 N/A 1 100%
Ave
115 S Lake
5 0 0 N/A 0 0%
Ave
172
1 0 0 N/A 0 0%
Jefferson St
342 State
5 0 0 N/A 0 0%
St
519 Central
2 0 0 N/A 0 0%
Ave
586
Western 0 N/A 0 N/A N/A N/A
Ave
442 New
Scotland 4 0 0 N/A 0 0%
Ave
469 S Pearl
1 1 1 N/A 0 0%
St
131
Ryckman 4 0 0 N/A 0 0%
Ave
1278
2 0 0 N/A 0 0%
Broadway
25 Monroe
0 N/A 0 N/A N/A N/A
St
269 Lark St 2 1 0 N/A 1 50%
800
3 0 0 N/A 0 0%
Broadway
32
Total Total
Property Total vacant units Total vacant units Vacancy
Total units vacant eligible
Address not available for rent available for rent Rate
units units
634
Boutique
Madison N/A N/A N/A N/A N/A
Hotel
Ave
93 Ten
1 0 0 N/A 0 0%
Broeck St
Treatment
271 Central
Addiction N/A N/A N/A N/A N/A
Ave
Center
8 Thurlow Boutique
N/A N/A N/A N/A N/A
Ter Hotel
Total 53 5 2 N/A 3 5.66%
33
200 Henry Johnson Boulevard, Albany, New York 12210
Month Day, Year
(Insert Name)
(Insert Address)
The results of the survey will be used to determine whether the City of Albany Common Council can vote to
opt into the New York State Emergency Tenant Protection Act (ETPA). The ETPA of 1974 is a statewide law
that was amended in 2019 to allow upstate municipalities to implement rent control if the vacancy rate in
buildings constructed before 1974 that contain six (6) or more units is below 5%.
If the results of the survey show the vacancy rate in buildings constructed before 1974 that contain six (6)
or more units is below 5%, the City of Albany Common Council may vote to opt into the ETPA which is
the first step in implementing rent control and may restrict the rents you can charge in the future.
The City strongly encourages you to respond to this survey accurately and thoroughly. If the City is unable to
obtain any credible occupancy data for your property, the City will assume each and every unit in your
building is occupied for the purposes of the survey.
Please note the City may attempt to obtain information and/or verify your answers by other methods, including
but not limited to review of public documents or records and requests for site visits.
The City may impose a civil penalty or fee of up to $500 on an owner or their agent if the owner or their agent
refuses to participate in such vacancy survey and cooperate with the municipality in such vacancy survey, or
submits knowingly and intentionally false vacancy information.
Additional information on ETPA can be found here: https://tinyurl.com/NYSETPA. Thank you for your
assistance. If you have any questions, contact me below.
Sincerely,
Sam Wells, Neighborhood Stabilization Coordinator, housing@albanyny.gov, 518-434-2489
P.S. Please complete the survey online https://www.surveymonkey.com/r/vacancystudy by April 26. 2024.
34
200 Henry Johnson Boulevard, Albany, New York 12210
(Insert Name)
(Insert Address)
Please return the survey by the, now extended, deadline, May 10, 2024.
We are reaching out to you again because our records indicate that you have not yet completed the requested
online survey.
Included in this mailing is the original letter we sent you with the address of the property and the link for the
online survey. Additionally included is a paper copy of the survey and a postage paid return envelope if you
prefer to use instead of the online survey.
If you have any questions, contact me below.
Sincerely,
Sam Wells
Neighborhood Stabilization Coordinator
vacancystudy@albanyny.gov
518-694-4813
35
City of Albany Rental Vacancy Survey - ETPA
The City of Albany is seeking to learn more about the availability of housing in the
rental market.
You are listed as the owner of a residential building in the City of Albany (the City). We are seeking to better
understand the availability of rental units in the City and we hope you will participate in our survey.
Please complete the survey no later than May 10, 2024. (Extended from original date.)
The results of the survey will be used to determine whether the City of Albany Common Council can vote to
opt into the New York State Emergency Tenant Protection Act (ETPA).
The ETPA of 1974 is a statewide law that was amended in 2019 to allow upstate municipalities to implement
rent control if the vacancy rate in buildings constructed before 1974 that contain six (6) or more units is below
5%.
If the results of the survey show the vacancy rate in buildings constructed before 1974 that contain six (6) or
more units is below 5%, the City of Albany Common Council may vote to opt into the ETPA which is the first
step in implementing rent control and may restrict the rents you can charge in the future.
The City strongly encourages you to respond to this survey accurately and thoroughly. If the City is unable to
obtain any credible occupancy data for your property, the law requires that the City is to assume each and
every unit in your building is occupied for the purposes of the survey.
Please note the City may attempt to obtain information and/or verify your answers by other methods,
including but not limited to review of public documents or records and requests for site visits.
The City may impose a civil penalty or fee of up to $500 on an owner or their agent if the owner or their agent
refuses to participate in such vacancy survey and cooperate with the municipality in such vacancy survey, or
submits knowingly and intentionally false vacancy information.
Thank you for your assistance. If you have any questions, contact Sam Wells, Neighborhood Stabilization
Coordinator at vacancystudy@albanyny.gov or 518-694- 4813.
36
* 1. Enter Survey Code - located at top of letter from the City of Albany.
* 2. Please provide the property address that was listed in your letter from the City of Albany.
3. If this is not the correct address for the property, please correct below.
Address
Address 2
City/Town
State
ZIP
First name
Last name
6. Email address where we can reach you to verify the information you have provided:
37
Yes
No
9. If you answered “No” to question above, are you the designated property manager of this property?
Yes
No
10. If you are not the owner, nor the property manager, what is your title or role?
12. How many units are subject to any State or Federal subsidies?
13. How many units are owned by a not-for-profit and used as housing for a vulnerable population?
# of units
Name of not-for-profit
14. Have any units been substantially renovated after January 1, 1974? (Refer to Section 5 of the Legislation
here.)
Yes
No
If yes, what year, how many and to what extent were the renovations?
38
15. If you think this property is exempt from this reporting as listed in the State statute, please indicate which
exemption and why. (Refer to Section 5 of the Legislation here,
https://www.nysenate.gov/legislation/laws/ETP/5)
18. Are any of the not occupied units you listed above currently off the market or unavailable to rent?
Yes
No
19. If you answered “yes” to above question, how many units are off the market and why? (e.g. undergoing
renovation, uninhabitable, a tenant is moving in at a later date, etc.)
20. How many units are currently utilized as short-term rentals (i.e. AirBnb, VRBO, etc.)?
21. Is there anything else we should know that may inform the study?
39
22. Today's Date
* 23. By checking this box, you agree that all answers in this survey are accurate to the best of your knowledge.
40
200 Henry Johnson Boulevard, Albany, New York 12210
Month Day, Year
(Insert Name)
(Insert Address)
If the city-wide vacancy rate is lower than 5%, NYS law allows the City’s Common Council to opt into rent
control for your building.
To complete the survey, return the attached survey using the pre-addressed envelope,
or visit https://www.surveymonkey.com/r/vacancystudy
The original letter is printed on the other side. If you have any questions, contact me below.
Sincerely,
41
ETPA-eligible properties by ward
140
120
100
80
60
40
20
0
Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward
06 10 09 13 14 03 11 07 08 02 01 05 15 12 04
25
20
15
10
0
Ward 03 Ward 06 Ward 11 Ward 13 Ward 02 Ward 04 Ward 14 Ward 07 Ward 09 Ward 12
42
43
44
45
46