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Old 01-04-2017, 02:07 PM
 
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Happy New Year everyone!

I applied for affordable housing last year and was rejected based on the managing agencies projection of my income. They stated that based on their calculations of my income surpasses the requirements. I provided proof from my employer that my income is with the margins. Now come Year end I actually have proof that my income meets the requirements. All apartments are gone by now so I'm considering taking legal action against the managing agency and HPD. Does anyone have any expertise in this matter or recommend any lawyers for this case?

Thanks 🙏
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Old 01-04-2017, 02:32 PM
 
1,211 posts, read 1,306,772 times
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Quote:
Originally Posted by Nextlevel View Post
Happy New Year everyone!

I applied for affordable housing last year and was rejected based on the managing agencies projection of my income. They stated that based on their calculations of my income surpasses the requirements. I provided proof from my employer that my income is with the margins. Now come Year end I actually have proof that my income meets the requirements. All apartments are gone by now so I'm considering taking legal action against the managing agency and HPD. Does anyone have any expertise in this matter or recommend any lawyers for this case?

Thanks ��
When was this? What did they calculate your income to be compared to the limit? They calculate your income in numerous ways and take the highest, unfortunately. It's not about how much money you actually make at the end of the year. If they made a mistake in calculating your income in the way that they are actually supposed to under the guidelines, then you could consider suing them, but if not, then you won't really get anywhere.
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Old 01-04-2017, 03:46 PM
 
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Originally Posted by wiivile View Post
When was this? What did they calculate your income to be compared to the limit? They calculate your income in numerous ways and take the highest, unfortunately. It's not about how much money you actually make at the end of the year. If they made a mistake in calculating your income in the way that they are actually supposed to under the guidelines, then you could consider suing them, but if not, then you won't really get anywhere.

How is that even fair? So I'm getting penalized cause my salary doesn't compute well with their formula? That doesn't change the fact that I make within the limits
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Old 01-04-2017, 05:27 PM
 
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But your income wasn't within the limits when it was calculated and your application was under consideration. You could contact HPD and see what they do when your actual income turns out to fit within the income guidelines, but your projected income didn't. It might be interesting to hear what they say. I kind of think they'll say it's what your income is and is projected to be when your application is under consideration. And if you comb the guidelines, I believe you'll find words to that effect. I can assure you that you have no legal case, even if a mistake was made, which it likely wasn't as long as they operated within the guidelines, however warped and illogical they are -- the time to appeal is long past. And do you really have the money and time to sue a government agency? Do you know what's involved in a lawsuit? If you contact HPD, please post what they tell you. They'll also say that the same guidelines apply to everyone, and income is calculated and projected at the time of the application, blah, blah. But try.
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Old 01-04-2017, 08:12 PM
 
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Originally Posted by Moving415 View Post
But your income wasn't within the limits when it was calculated and your application was under consideration. You could contact HPD and see what they do when your actual income turns out to fit within the income guidelines, but your projected income didn't. It might be interesting to hear what they say. I kind of think they'll say it's what your income is and is projected to be when your application is under consideration. And if you comb the guidelines, I believe you'll find words to that effect. I can assure you that you have no legal case, even if a mistake was made, which it likely wasn't as long as they operated within the guidelines, however warped and illogical they are -- the time to appeal is long past. And do you really have the money and time to sue a government agency? Do you know what's involved in a lawsuit? If you contact HPD, please post what they tell you. They'll also say that the same guidelines apply to everyone, and income is calculated and projected at the time of the application, blah, blah. But try.

I'll definitely keep you guys updated. I understand that they operated within the guidelines but I provided a statement from my employer that my pay will not surpass the limits. The letter also states that my income will remain the same for the upcoming year. What more can they ask for?
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Old 01-04-2017, 08:21 PM
 
3,700 posts, read 2,798,687 times
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quote:
What more can they ask for?

Your soul.

for reals! Okay, seriously, I read this. I feel your pain, but there are so many variables in this process that you would have an uphill battle. Did they ask you for your last three years of income statements and then project your next three years based on salary increases/wage increases/bonuses? I don't envy any of you who are self-employed, sounds like a damn nightmare to me. As lame as it sounds, and it's sometimes easier to just have a regular paycheck. But then you worry about becoming self-employed and not scoring an affordable rent-stabalized apartment. Stuck between a rock and a hard place, I feel so many of us in this process are. If I was you I would focus first on finding a housing advocate from a non profit agency (they exist) and seeing what happened in this screening process for you. Apply to every other opportunity you think you qualify for in any of the new buildings open up on the connect website. I've been surprised by some of the log #s.
Like the old proverb says, when one door closes a window opens.
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Old 01-04-2017, 08:53 PM
 
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Do post what happens. I think seeking out an advocate is a good idea, or just send a detailed email to HPD, just to see what they say. I think if I total up my income from 2016, I'll find myself in the same position as you -- projected income higher than actual income by a few thousand, which put me over the income edge at the time. Unlike you, though, I don't have the energy or courage to relive this. But please do post what happens in your case.
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Old 01-04-2017, 09:09 PM
 
Location: Eric Forman's basement
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So was it a situation that you made more money in the first part of the year than the last part? How did they come up with the projection that your income for the year would be higher?
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Old 01-04-2017, 09:59 PM
 
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Originally Posted by macnyc2003 View Post
So was it a situation that you made more money in the first part of the year than the last part? How did they come up with the projection that your income for the year would be higher?
Yes that's exactly what happened. I was asked to provide them with 6 current pay stubs. They picked the highest paying Paystub and used that to make projections for the rest of the year. They basically took that paystub and multiplied it by 26 since I get 26 checks a year.
During the first half of the year a few coworkers of mine were laid off. It was required of me to put it extra hours to cover them until new people were hired. During that month I acquired more over time then normal.
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Old 01-04-2017, 10:17 PM
 
Location: Brooklyn
2,308 posts, read 2,810,206 times
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Originally Posted by Nextlevel View Post
I'll definitely keep you guys updated. I understand that they operated within the guidelines but I provided a statement from my employer that my pay will not surpass the limits. The letter also states that my income will remain the same for the upcoming year. What more can they ask for?
I hope you realize the calculations are based more than just your salary income, its also based on your bank accounts, stocks/investments too and all of those funds also have to have documentation providing how/where within a certain time period. All that is divided up into the formula of whatever building requirements you applied too. For whatever reason lets say your job only makes 45k a year but you have close to 150k in the bank/investments, etc and the income limit for the apt is 50k. You will be denied easily.

I Forget the exact formula but im almost certain 3yrs worth of finances are calculated and i forget the exact formula but it was posted along time ago.
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