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Hello, so I have a situation that I’m confused on. I was emailed back in may to summit documents for an apartment at 433 east 13 street, summit all documents then got a response back in October to resubmit documents, they also ran a credit check and sent my file to hpd. ( I also have a section 8 hpd voucher, I was approved under the ami of 130 because of voucher my case worker said) I asked wasn’t that high and she told me know because the voucher will cover it. I was approved by hpd with in two days. Then December 1st I went to see the apartment first was an studio but I turned it down it was way to small. Then a week later I got an email back staying the one bedroom is available for my log number since the other two people before me denied the one bedroom. So middle of December I go see the one bedroom and accept it. January 10th I signed lease and gave them my voucher and move packet. I was told I can move in January 15th then something happen. Section 8 calls me and said landlord didn’t sent all they paper work from management to wait to move in. Today I received an email from 433 saying that I’m no longer available for apartment because section 8 only willing to pay them xxx dollars and I was put in the wrong ami which was to high for section 8 by 300 dollars and their manager at 433 east 13 street declined to longer the rent to 2100 which section 8 counter offer to pay..
My question is??? Is there anything that I can do because my case worker who emailed me back in may knew from the beginning I worked full time and had a section 8 voucher. Did she make an mistake in put me in the wrong ami??? If so what can I do at this point?? Please help
I'm sorry, I don't know anything about Section 8, but I'm thinking that a mistake was made at some level and then corrected. You could certainly ask if you would qualify for any apartments in the lower AMI brackets.
I'm assuming that the studio they showed you was cheaper, and maybe the landlord would have made you a deal on that one that your Section 8 would cover. If you still want to be in the building, you could ask about that.
Last edited by macnyc2003; 01-27-2021 at 04:04 PM..
I asked them would I qualify for a lower ami and was told the next ami would be an ami of 60 but there’s no more 1 bedrooms or studios available. They wouldn’t even counter offer anything.
The reason I’m really upset is because I want to know where the error was made at. The person who worked on my case before it was approved or hpd .. I spoke to the case worker when I was signing all the documents and I said to her why am I approved for an Ami of 130 she said because of my section 8 voucher, I explain my voucher only pays $2,100 max for a 1 bedroom or studio. She said with a voucher your income doesn’t matter and trust me I know what I’m doing they will cover it so I was like ok. Then when I was approved I was like wow ok.
I’m mad because I signed a lease wrote out one month sec/rent signed so many document now to be denied. I’m just so happy I didn’t end my lease in my current apartment yet. Section said I should call hpd because this should of never happen. They know how much each voucher is worth and I should fight it because I was approved and should of been put in a lower ami.
Honestly this sounds like a lawsuit. I would reach out to an attorney. If both you and the landlord signed that lease then you had a written agreement set in place, and now the landlord could be considered to be in breach of contract. However because your situation involves section 8 the law/rules might be different in this case. But none the less an attorney will definitely be able to advise you on what you can or cannot do. If you have a copy of said signed lease I say there a chance you have a case here.
There are free lawyers you can contact or get free consultation.
Mimilove makes a good point that the landlord (or a representative) needed to have also signed the lease in order for it to have been executed.
Did you get a copy of the lease with the landlord's signature?
Well, even if you didn't, you can still claim you're the holder of a valid lease and see where that gets you.
You can also be honest and upfront with them about how much distress this situation has caused you and interrupted your sleep, etc., whatever is true.
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