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I am actually looking for answers to my questions from someone that might know. Would I want the answers to be "comfort answers"? Obviously. But in actuality I'm looking for someone who might know the answers to my questions 2, 3, and 4. I obviously have no "recourse" (Question 1) except sit and wait and hope this person is rejected on appeal.
If anyone has the answers or any input on Questions 2, 3, and 4, please opine.
I did answer your questions. As I tried to explain above there are NO hard fast answers to your questions. It varies from building to building, to company to company handling it. Read a bit about housing lotteries on this board, there are about 1000 threads, You will see everyone has have different experiences.
Actually, a different person than the person who issued the rejection is supposed to rule on appeals, according to the guidelines.It's supposed to be a supervisor. Don't know how often that's enforced, but...and appeals are often successful, because, as you can see for yourself, these people are totally incompetent and make mistakes in rejecting people. The person can also appeal to HPD after the developer rejects them, but the apt will not continue to be "frozen" during that appeal.
And you can't really insist on anything re when you view the apt or sign the lease. Need I remind you this is a govt program? You sign the lease and view the apt when they tell you too. I know this isn't the comfort answer you want, but there's a chance the person will win the appeal, and an equally good chance they won't. So try to distract yourself for the next few weeks. You cannot control this. Good luck.
Yes I also read that another person from the intake company (a/k/a the management company) reviews the initial appeal. I’m hoping it’s some frivolous appeal such as one I read where a woman was $25 over the maximum income and appealed; she lost the appeal because she was over the limit even though she was only over the maximum income limit by $25. Then again, like you said, it could have been incompetence that led to the rejection and the person will win the appeal. Again, like you said, I’ll have to wait.
I had a chance to view the apartment and sign the lease a day before but I STUPIDLY waited until the next day. What would have happened had I signed the lease the day before and the rejected applicant appealed a day after I signed the lease and received the keys? I just keep kicking myself because, in my mind, the apartment would be mine as soon as I had signed the lease and if that person who would have appealed the next day would have eventually won the appeal, he/she would be one on the waiting list...not me.
Last edited by NeedsAnApartment; 07-13-2018 at 09:29 PM..
Reason: Typo
I had a chance to view the apartment and sign the lease a day before but I STUPIDLY waited until the next day. What would have happened had I signed the lease the day before and the rejected applicant appealed a day after I signed the lease and received the keys? I just keep kicking myself because, in my mind, the apartment would be mine as soon as I had signed the lease and if that person who would have appealed the next day would have eventually won the appeal, he/she would be one on the waiting list...not me.
Ah that makes sense why you so upset. I know this is little help but try thinking if its meant it shall happen. And if not something better will come along.
Stop kicking yourself. I'm not sure your signing the lease a day early would have mattered, because it's not a given that the management company would have signed it too at that time, which would mean it would not have been legally valid. I'm sure there's provisions in this program for them revoking a lease in a situation like this, as long as you were not physically in the apartment. Yes, the apts. are under rent stabilization laws, but this is special program. Again, distract yourself. The movies usually work for me. Try not to dwell on it. Let us know what happens. And remember, there's always another lottery, and you might even get a better apt later.
I think you have been screwed.
A similar thing happened to me. One of the first affordables, in a new tower on 57th and Ninth Ave, Related as I recall, called us for an interview. THey have been sending us applications in the mail for years. All went well and interviewer said we had the apartment, just send in a money order for $X dollars. We were delirious making all kinds of plans.
We called her an hour later to get the address to send the money order and she said "I sent your paperwork upstairs and they denied you because you live in New Jersey." We were crestfallen.
Firstly,
They mailed the application to New Jersey so they KNEW where we lived.
Secondly,
I found out later that if they take a penny of federal money or tax credits, they cannot discriminate against any United States citizen.
I'll try your question 2. Had THEY signed the lease, they would have been bound by it.
Suck it up and move on. You will catch a break, like we eventually did.
Like the old saying: "Throw enough sh*t against a wall and some will eventually stick."
Last edited by Kefir King; 07-14-2018 at 06:29 AM..
My situation is different than yours. I was approved and they told me to come down on Tuesday for viewing and lease signing. I don’t know if THEY would have signed their section of the lease to make it 100% official that the apartment was mine. Additionally, like you said, there could’ve been some legal provision in the paperwork/lease that I was going to sign that said something to the effect that if someone with a better log number appeals their rejection and wins that I lose the apartment. No sense dwelling on what could have been.
Well I’m just going to wait the two to three weeks (that’s how long the appeal process takes, as I was told by my intake person) and hopefully the person is rejected on appeal. If he/she is rejected, I certainly will not make the same mistake twice. If they tell me to fly to Hawaii to sign the lease at 3am, I’ll be there.
I also applied for VIA on 57th Street but got a bad log number. No chance for me there.
Last edited by NeedsAnApartment; 07-14-2018 at 07:27 AM..
Reason: Additional text
There was something mentioned along those lines in the new marketing handbook. Apparently, developers went ahead of themselves and gave apt to people who had higher log # and didn't give time for appeals to people with lower log #. The new guidelines went in effect July 1st. Read the new handbook, you might get your answers there.
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