NYC Affordable Housing vs Roommate Law

[throwawayacct]

Hello, I'm currently in the application process for a rent-stabilized, middle-income apartment as part of the NYC affordable housing program through HPD. The unit is a 1 bedroom, for a 1-person household with income restrictions (120% AMI). The building receives tax abatements for having a certain # of units allocated as very-low, low and middle-income units.

I am trying to understand the risks involved in my boyfriend moving in with me. While I understand most tenants and building staff do not know what units are part of this affordable housing program, I want to make a smart decision here.

1. Does the Real Property Law 235f apply here and override the lease clause and rider stating that no one may live in the apartment with me as a roommate (not a tenant)?

2. Would there be grounds for eviction? Would I have an opportunity to vacate in a reasonable amount of time prior to eviction?

3. Can my boyfriend live in the apartment with me and not be added to the lease at renewal?

4. To add him to the lease down the line, we would exceed the income restrictions. Would I be able to do that since I'm already in and possibly pay a surcharge I've heard referenced in online forums about this?

Thanks!

 

[Zigner]

We are not here to help you defraud the NYC affordable housing program.

 

[Just Blue]

Hello, I'm currently in the application process for a rent-stabilized, middle-income apartment as part of the NYC affordable housing program through HPD. The unit is a 1 bedroom, for a 1-person household with income restrictions (120% AMI). The building receives tax abatements for having a certain # of units allocated as very-low, low and middle-income units.

I am trying to understand the risks involved in my boyfriend moving in with me. While I understand most tenants and building staff do not know what units are part of this affordable housing program, I want to make a smart decision here.

1. Does the Real Property Law 235f apply here and override the lease clause and rider stating that no one may live in the apartment with me as a roommate (not a tenant)?

2. Would there be grounds for eviction? Would I have an opportunity to vacate in a reasonable amount of time prior to eviction?

3. Can my boyfriend live in the apartment with me and not be added to the lease at renewal?

4. To add him to the lease down the line, we would exceed the income restrictions. Would I be able to do that since I'm already in and possibly pay a surcharge I've heard referenced in online forums about this?

Thanks!

What you are proposing is fraud. Eviction will be the least of your worries. If he is going to live there he must fill out the app and his income must be considered. As this will put the income over the allotted maximum amount allowed for this program...You can't have him live there if you want the rent discount.

 

[throwawayacct]

I am not trying to defraud the program by any means which is why I am asking. I understand RPL 235f protects tenants rights to a roommate and I wanted to understand if that applies here.

 

[FarmerJ]

any housing assistance plans out there that get federal funding helps make it all the easier if you are caught cheating the program by having your BF live there for you to not only be forced to pay every cent back BUT if you are taken to court for fraud related to this then future LLs down the road will learn of it and ill bet they would use it as a reason to refuse to rent to you. Which might seriously reduce the units available to you to ones that are crap hole ghetto falling apart poorly maintained units in less than nice hoods.

 

[Just Blue]

I am not trying to defraud the program by any means which is why I am asking. I understand RPL 235f protects tenants rights to a roommate and I wanted to understand if that applies here.

Utilizing a drop of commonsense would tell you that moving a boyfriend into a income based rental without telling the city/state that is funding said rental is fraud. Are you suggesting you don't have even a drop of sense?

 

[adjusterjack]

I am not trying to defraud the program by any means which is why I am asking.

If you and your boyfriend want to live together then forget about the AHP.

 

[xylene]

the op is justified in looking for workarounds to a draconian and byzantine housing system.

 

[Zigner]

the op is justified in looking for workarounds to a draconian and byzantine housing system.

Attempting to find a way to manipulate the system in order to fraudulently obtain benefits is not looking for "workarounds".

 

[xylene]

Attempting to find a way to manipulate the system in order to fraudulently obtain benefits is not looking for "workarounds".

Looking to understand how real property law impacts one's rights under a lease is not fraud.

But the poors should be grateful for the leavings of the wealthy.

 

[Zigner]

Looking to understand how real property law impacts one's rights under a lease is not fraud.

But the poors should be grateful for the leavings of the wealthy.

That's not what the OP is trying to do

 

[Shadowbunny]

Looking to understand how real property law impacts one's rights under a lease is not fraud.

But the poors should be grateful for the leavings of the wealthy.

But is it fair for OP to get housing meant for those who truly can't afford it when she and her b/f together can?

 

[throwawayacct]

But is it fair for OP to get housing meant for those who truly can't afford it when she and her b/f together can?

Thank you for making assumptions on what I can and cannot afford.

Not sure why sitting behind a computer screen makes everyone brave to be rude but I found a forum and asked a legitimate question about a real property law and posed a situation.

 

[throwawayacct]

Utilizing a drop of commonsense would tell you that moving a boyfriend into a income based rental without telling the city/state that is funding said rental is fraud. Are you suggesting you don't have even a drop of sense?

You seem like a lovely person. Yes, I'm an intelligent human. There is a law protecting a tenant's right to have a roommate in New York. I was asking if it applies to this situation. That's all.

 

[throwawayacct]

Looking to understand how real property law impacts one's rights under a lease is not fraud.

But the poors should be grateful for the leavings of the wealthy.

THANK YOU.