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Posted by Mark Smith on October 18, 2000 at 13:16:39:

In Reply to: Mitchell-Lama Co-op Income Guideline rules posted by Rebecca on October 17, 2000 at 13:33:53:

DHCR and HPD are often years behind in their verification of tenants' and cooperators' income in Mitchell-Lama developments. If you filed a tax return for the relevant year, that shouldn't present a problem. But if you weren't required to file a tax return, going back many years could place an undue burden on the resident.

You might have succession rights to your grandmother's apartment, similar to succession rights to a rent controlled or rent stabilized apartment. Did you ask the managing to change the shares and the lease to your name, after your grandmother passed away? Did you ask the managing agent to change the shares and the lease to the name of you and your husband, after you married and your husband moved into the apartment?

The rent/maintenance is fixed for a Mitchell-Lama apartment, in much the same way as for a rent controlled or rent stabilized apartment, but is subject to a surcharge of up to 50%, if the residents' income is above the maximum for the apartment (which, in your case, would be seven times the annual rent, plus utilities, an allowance for painting, and 6% of your equity).

:
: I live in a Mitchell-Lama co-op supervised by the DHCR. (3 buildings, 72 apts in my bldg - I think built in 1950-something) We are in the Bronx and are required to fill out an annual income affadavit in May of each year. I moved permanently into this apt in 1995 after the death of my grandmother (was there 'temporarily' helping her out before her death.) Last Friday, I received a letter saying they were unable to verify my income for 1998 (yes, I did turn in the affadavit) and I have 60 days to get a particular form from the state gov't verifying my income. If I do not get this information to them, they will backcharge me 50% of the rent from Jan '99 to June '00. Is there not a time limit when verifications can be completed and rent either raised or lowered (ha!)? I'm doing what they've asked because I don't want to be percieved as a "troublesome" "co-o

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• Re: Mitchell-Lama Co-op Income Guideline rules Rebecca 10/18/00 (0)

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Comments:
: DHCR and HPD are often years behind in their verification of tenants' and cooperators' income in Mitchell-Lama developments.  If you filed a tax return for the relevant year, that shouldn't present a problem.  But if you weren't required to file a tax return, going back many years could place an undue burden on the resident.  

: You might have succession rights to your grandmother's apartment, similar to succession rights to a rent controlled or rent stabilized apartment.  Did you ask the managing to change the shares and the lease to your name, after your grandmother passed away?  Did you ask the managing agent to change the shares and the lease to the name of you and your husband, after you married and your husband moved into the apartment?  

: The rent/maintenance is fixed for a Mitchell-Lama apartment, in much the same way as for a rent controlled or rent stabilized apartment, but is subject to a surcharge of up to 50%, if the residents' income is above the maximum for the apartment (which, in your case, would be seven times the annual rent, plus utilities, an allowance for painting, and 6% of your equity).  

: :
: : I live in a Mitchell-Lama co-op supervised by the DHCR.  (3 buildings, 72 apts in my bldg - I think built in 1950-something) We are in the Bronx and are required to fill out an annual income affadavit in May of each year.  I moved permanently into this apt in 1995 after the death of my grandmother (was there 'temporarily' helping her out before her death.) Last Friday, I received a letter saying they were unable to verify my income for 1998 (yes, I did turn in the affadavit) and I have 60 days to get a particular form from the state gov't verifying my income.  If I do not get this information to them, they will backcharge me 50% of the rent from Jan '99 to June '00.  Is there not a time limit when verifications can be completed and rent either raised or lowered (ha!)?  I'm doing what they've asked because I don't want to be percieved as a "troublesome" "co-o


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