Tenant Can't Get Mitchell-Lama Co-op Apartment

HPD denied tenant's application for a Mitchell-Lama apartment in landlord cooperative corporation's building. Tenant then filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and unreasonable. Tenant had filed an application to buy a two-bedroom apartment in June 2006. In June 2012, landlord notified tenant that a two-bedroom unit had become available, that it would be offered to applicants in chronological order of application receipt, and, if tenant wanted to be considered, she needed to return the notice to landlord indicating her interest. Tenant returned the notice and submitted an updated application in August 2012. HPD denied tenant's application, finding that her income was more than the maximum allowable income. HPD's decision was reasonable. Tenant's joint income with her husband was $132,702 and her student daughter had no income. For either a two- or three-family household, tenant's income exceeded the maximum allowable. 

Lichtman v. HPD: Index No. 100496/13, NYLJ No. 1202615442262 (Sup. Ct. NY; 8/16/13; Mills, J)