Applicant Ineligible for Mitchell-Lama Housing

An applicant appealed HPD's rejection of her application for Mitchell-Lama housing. In 1994, the applicant's sister was selected by lottery to submit an application to be placed on a waiting list. She added her younger sister, who was then 12 years old, to her application as an additional occupant. The older sister later asked to put the application in the younger sister's name, since the older sister no longer wanted an apartment. An HPD employee told the sisters that the waiting list spot was transferable to the younger sister. HPD offered the applicant an apartment in 2010, but when she submitted all the paperwork, HPD rejected her application. By law, in order to qualify, the applicant was required to have reached the age of majority in 1994, when her sister's application was filed. Since she was a minor at that time, she was ineligible. Any mistaken statement by an HPD employee didn't change the result. HPD was required to reject the application by law.

Gorelick v. HPD: Index No. 111005/2010, NYLJ No. 1202494306673 (Sup. Ct. NY; 5/3/11; Schoenfeld, J)