The city of Kingston's plan to retroactively reduce apartment rents by 15% has been tossed out, according to paperwork filed in Ulster County Supreme Court.

The judge ruled the city's Rent Guidelines Board must create a new program for a maximum rate of rent increases.

The judge is allowing the city's housing emergency to stand after saying he wouldn't weigh in on how municipalities calculate the number of vacant units.

A vacancy rate under 5% triggers a housing emergency. Kingston's Rent Guidelines Board said the city's vacancy level is at about 1 1/2%.

Hudson Valley property owners who filed the lawsuit said that's incomplete data and have filed a notice of appeal.