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Hello everyone! Hope all are well. Sorry if this is long:
I had my log number pulled for a development in Battery Park City. This is actually an older lottery filling vacancies, so I got my log number by emailing management directly a few years ago, them sending me a PDF of an application, and applying old-school style.
In February, I was told that my log number was next in line for a 1-bedroom. I sent them all my documents and management had me come down and view two separate 1-bedroom units. I was told that I could pick either and I pick was "mine", all they had to do was collect my deposits and send the data to the city.
Two days later they called and said that the landlord was putting the units on "hold" and wouldn't be filling them right away. They said I was still first in line.
I emailed a few weeks ago and they responded the "owners still have the unit on hold--once we get the okay to move forward we will be reaching out to you". They wouldn't give me any time line or any additional explanation.
Well...now my lease is coming up in a month or two. Any idea if landlords are allowed to do this and not fill the units? Should I contact HPD? Should I email management and push a little? It feels fishy!!
I don't want to ruin my shot here but I also don't want to renew a lease only to break it one month in when I have a shot at this lottery apartment. It would be a different story pre-covid, but I imagine getting new tenants or subletting is going to be hard in 2021.
Hmm, this is a new one to me. If your lease weren't coming up for renewal, I'd tell you to just sit tight. As it is, I don't think it could hurt you to reach out to HPD and ask what's up.
Hello everyone! Hope all are well. Sorry if this is long:
I had my log number pulled for a development in Battery Park City. This is actually an older lottery filling vacancies, so I got my log number by emailing management directly a few years ago, them sending me a PDF of an application, and applying old-school style.
In February, I was told that my log number was next in line for a 1-bedroom. I sent them all my documents and management had me come down and view two separate 1-bedroom units. I was told that I could pick either and I pick was "mine", all they had to do was collect my deposits and send the data to the city.
Two days later they called and said that the landlord was putting the units on "hold" and wouldn't be filling them right away. They said I was still first in line.
I emailed a few weeks ago and they responded the "owners still have the unit on hold--once we get the okay to move forward we will be reaching out to you". They wouldn't give me any time line or any additional explanation.
Well...now my lease is coming up in a month or two. Any idea if landlords are allowed to do this and not fill the units? Should I contact HPD? Should I email management and push a little? It feels fishy!!
I don't want to ruin my shot here but I also don't want to renew a lease only to break it one month in when I have a shot at this lottery apartment. It would be a different story pre-covid, but I imagine getting new tenants or subletting is going to be hard in 2021.
It is private property, yes LL can do whatever they want with apartments even "lottery" units subject to whatever terms agreed to with city and or state.
Introduction to Law 101: Oral agreements aren't worth the paper they are printed upon.
Nothing is anyone's without a valid written agreement, in this case a lease. Just because someone showed you an apartment and or said it was "yours" doesn't mean anything really.
People looking for free market apartments or even to buy private homes have this sort of thing happen to them all the time.
”It is private property, yes LL can do whatever they want with apartments even ”lottery” units subject to whatever terms agreed to with city and or state.”
That's the question...whether it's within the agreement with the city/state/feds.
Unless you have a written contract you technically have no right to any unit. Word of mouth is really just that word. It’s not really binding, especially when it comes to private property.
I don't think contacting HPD will do much. I would be honest and tell the management company exactly your situation and see if they'll tell you why the unit is "on hold". Why don't you also speak to your current landlord about getting a 3 months extension on your current lease? Sometimes they offer that if you're undecided. If you've been paying rent regularly throughout the pandemic they should be willing to do that for you. Good luck!
Hmm, BPC affordables are pretty old already and I think the landlord may be holding on to the unit because the time period the apartment has to be kept affordable is expiring very very soon (if not already expired but extended). This is an article about the issue (this is probably not the building you applied to, but the situation is likely similar).
Hello everyone - for some reason, I only got a notification of responses today!
I definitely think I *do* have a right to the next apartment because the whole program is supposed to go by log number order. If my log number is actually the lowest (as they stated in writing), unless I'm disqualified or refuse, that apartment is mine.
If they gave the apartment to a log number lower than mine, I would have no issue, but that is not what the landlord said they are doing. They told me in writing that the unit is mine next but that it was "on hold".
What I don't know if the *landlord* has a right to do is keep a lottery unit vacant when it was move-in ready. As a public, we had our elected representatives institute these tax abatements to these large landlords in exchange for our communities to have more affordable housing units.
I also asked an apartment broker acquaintance who also shows rent-stabilized lottery units and she said she had never heard of such a thing. She said I should reach out to HPD since the landlord was not more forthcoming. She actually said if she could take a guess, she would guess that the landlord was temporarily renting out the unit at a market rate to someone else! (She has no proof, just her conjecture.)
I did reach out to HPD last week and they responded the next day and asked me for more details--but without offering me any more info. If they get back to me I'll update people.
Thank you to all for your responses. So many things in New York are isolating and this can definitely be one of them. I probably wouldn't be concerned about this in the moment were it not for the upcoming lease renewal. I actually think since the market is so low, my landlord will be weird about me breaking a lease 2 months in or something. They are a smaller landlord and already have multiple vacancies in my building and I'm sure they aren't eager for more.
Hmm, BPC affordables are pretty old already and I think the landlord may be holding on to the unit because the time period the apartment has to be kept affordable is expiring very very soon (if not already expired but extended). This is an article about the issue (this is probably not the building you applied to, but the situation is likely similar).
Another complex with residents in the same situation is Normandie Court on the UES.
This building's tax abatement goes until 2034 (I was also aware it was an older unit). That would get my kid through high school, so if it went to market at that point, I'd be fine with it. I also have asked around, and although I can't bank on it, my non-scientific research is that many landlords do renew the program at the end.
Thank you for the response. This was a good read. Battery Park City has a weird feel to it I'm not sure if I LOVE and definitely feels like how "the other half" lives. Would be a fun experience, I think.
It is private property, yes LL can do whatever they want with apartments even "lottery" units subject to whatever terms agreed to with city and or state.
Introduction to Law 101: Oral agreements aren't worth the paper they are printed upon.
Nothing is anyone's without a valid written agreement, in this case a lease. Just because someone showed you an apartment and or said it was "yours" doesn't mean anything really.
People looking for free market apartments or even to buy private homes have this sort of thing happen to them all the time.
As a person who works with reporting to the state minority and women business entity made between a private organization and the city and state (include some affordable housing unit requirements) I will have to disagree with you there. The "enforcement" seems lax, but I'll always press for what was agreed upon.
And I don't have oral agreements. I have emails from the landlord. I sent them to HPD. I'll update everyone later. Thank you for this response and your help!
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