Appeal to rejection of application in Mitchell-Lama (insufficient income)

[senderm]

What is the name of your state? NY



My uncle just got a letter from Mitchell-Lama coop that his application for one bedroom apt. was refused due to insufficient income.

He applied 4 years ago and was never told that he’s not eligible.

Two questions:

1) Can he appeal based solely on the fact that he was apparently eligible at the time of the application and was never told otherwise? The coop rules only specify the upper limit.


2)

He has a friend that would want to move in the one bedroom in Mitchell-Lama with him as a roommate. She never applied for Mitchell-Lama.

My uncle never mentioned her in the application. She has just the right income for the present requirements of Mitchell-Lama.

Can he appeal based on the new roommate’s income and the new changed situation?

Thanks!

Sender

[Hot Topic]

You can apply. That doesn't necessarily mean you'll get the apartment, nor will you get a letter explaining why you didn't.

And just because you now have sufficient income because you have a roommate, you got a job that paid a lot better, you came into a large inheritance, etc., doesn't mean you'll automatically be approved.

[You Are Guilty]

Originally Posted by senderm

1) Can he appeal based solely on the fact that he was apparently eligible at the time of the application and was never told otherwise? The coop rules only specify the upper limit.

Can he appeal? Sure. Will appealing help? Not a chance - the city sets the income requirements and you either meet them or you don't. There is no such thing as "apparent eligibility". The only eligibility to apply is you're over 18 and reside in NY. That's it.

Originally Posted by senderm

2) He has a friend that would want to move in the one bedroom in Mitchell-Lama with him as a roommate. She never applied for Mitchell-Lama.

Immaterial.

Originally Posted by senderm

My uncle never mentioned her in the application. She has just the right income for the present requirements of Mitchell-Lama.

Can he appeal based on the new roommate’s income and the new changed situation?

Again, he can, but unless she's related to him, it won't matter. For more information, you can read all the Mitchell Lama rules via google.