Succession Rights - Affordable Housing (apartment, lease, bad credit)

[daa3]

Background

I've lived in my current apartment for almost 20 years. The primary tenant (parent) moved about two years ago leaving myself and child behind. The management company was informed by me during recertification and lease renewal, and I continued to pay the rent. However, they refused to put the receipts in my name or change the lease. They invoice my parent every month.

Question
Do I have succession rights? The employees of the mgmt company never addressed anything and let it be. However, with recent maintenance requests (my entire place is molded and has caused poor health), it appears that the management company is trying to use as an opportunity to push me out. I have 24 days to qualify for an apartment I've spent almost half of my life in.

I was told that my apartment is affordable housing and they can't just take the primary tenant off. When the initial lease was signed, I was an adult and I had my own income. During that time, I was a student but that was almost two decades ago. In the last decade, the management company has required that I submit my income and tax records every year. The original primary tenant did not have income, so the financial income was based on my information. Now, I'm being told that I have to qualify for the apartment. By qualify, I basically have to apply for the unit that I've been living in for over 10+ years. This means a credit check, background check, and my income must match whatever restrictions they have. Some will say no big deal, but in they lost three or four years of my tax information and I also became a victim of identity theft. I've gotten 30 out of the 35 accounts off. That said, they can deny me for poor credit, leaving us homeless.


What are the income restrictions? I have no idea. I was told something "about 60% tax credit" and "can make up to 45K per year." If you ask me, they are just trying to either boot me or find a way to increase the rent. The rest of the conversation (well the ridiculous questions being asked) was very suspicious. I was also given an incorrect lease expiration date in which, I had to apply for the apartment by. It was off by 12 months. Honestly, I had already suspected this company of identity theft and constantly changing their business names to make it look like a new business has purchased their building and the same old tenants are reapplying.


Anyways, does anyone knows if I have rights? Mgmt claims that the apartment is HUD, but I know the apartment is supposed to be HPD and paperwork goes to NYS Division of Housing and Community Renewal.

[randomperson2]

If the lease is formally rent-stabilized, you should have succession rights if you would otherwise qualify (lived for at least two years with primary tenant). Do you get one of the documents described by this with the renewal lease? http://www.nyshcr.org/Rent/FactSheets/orafac2.pdf

I'm hesitant to be too absolutist about this because who knows what older weird programs NYC/NY had back in the day (or if it was some random federal program), but usually in NY/NYC you can't actually be kicked out of affordable housing for exceeding the income limits or developing bad credit, even if somehow the apartment isn't formally rent-stabilized. The recertification is to track how much affordable housing the landlord is actually providing.

Sounds shady to me.

[aminalex]

It looks like there's a phone number and email address at Division of Housing and Community Renewal under the Tenant Harassment section. It doesn't sound like your civil right are being violated but, i agree, it does sound shady. This is specific to Foreign-born tenants, so if they can't help, they may be able to point you in the right direction.
Fair and Equitable Housing Office