Mitchell-Lama Applicant Information

How can I get information about HCR supervised Mitchell-Lama developments?

Separate listings of family and senior citizen developments, arranged by county, are available on this web site. These listings show the name and address of the development, indicate whether it is a rental or a cooperative, and provide the number of apartments, the approximate wait, and an address and telephone number for contacting the sponsor or managing agent for information and applications. Federally-assisted developments are also identified on the listings.

What is a federally-assisted development?

Federally-assisted developments receive Section 8, tax credit, or Section 236 subsidies which enable tenants to pay below market rents, based on their income. These developments are subject to HUD rules and regulations.

What are the requirements for admission?

For both federally-assisted and non-federally-assisted Mitchell-Lama developments, an applicant's adjusted annual household income must not exceed a prescribed limit, the household composition and the size of the desired apartment must agree with the occupancy standards approved for the development, and the apartment must constitute the primary residence of all household members. In addition to these statutory and programmatic requirements, each development establishes its own tenant selection criteria covering such areas as minimum income, credit worthiness, good housekeeping, etc.

What are the maximum admission income limits at these developments?
Maximum admission income limits differ for federally-assisted and non-federally-assisted developments.

For federally-assisted developments an applicant's annual household income must not exceed the income limit for the applicable HUD program for the area in which the development is located, adjusted for household size, as shown on the most recently issued HUD schedule.

For non-federally-assisted rental developments the annual apartment rent is used as the basis used for calculating the maximum admission income limit. For cooperative developments the basis is the annual carrying charge, plus 6% of the equity, plus $120 multiplied by the number of rental rooms. To arrive at the maximum income limit for both types of Article IV  developments, the basis is multiplied by 7 for households of one to three persons, or by 8 for households of four or more persons.

To arrive at the maximum income limit for both types of Article II developments, the basis is multiplied by 8 for households of one to three persons, or by 9 for households of four or more persons.

An applicant whose adjusted household income exceeds the maximum admission income limit may be admitted paying a rent surcharge, if applicable, in either of the following cases:

For both Article IV and Article II housing companies, a household regardless of family size, whose income is greater than 100% of the established Admission Income Limit under the  Article applicable to that housing company, but does not exceed 125% of that established Admission Income Limit, is also eligible for admission with a surcharge.

The adjusted income does not exceed the median income most recently determined by HUD, adjusted for household size, for the area in which the development is located.

How is an applicant's adjusted annual household income calculated?
For federally-assisted developments, a 12-month projection of the applicant's household income is used with specific exclusions and deductions detailed in the HUD Handbook 4350.3, Occupancy Requirements of Subsidized Multifamily Housing Programs.

For non-federally-assisted developments, the actual adjusted federal gross income reported on the State (or federal) income tax return for the prior calendar year is used. The following deductions and exemptions are permitted: $20,000 (or wages, if less) for each secondary wage earner; $1,000 for each household member who filed a State income tax return and was not claimed as a dependent by another; and dependent exemptions, medical and dental expenses and taxable social security benefits actually claimed on the return.

If my last year's income tax return reflects non-recurring income such as lottery winnings or capital gains, should it be included in the calculation of my adjusted income?

If you are applying to a federally-assisted development, non-recurring income would not be included in the calculation of your adjusted income, only the current actual or imputed interest income from those monies would be included. However, if you are applying to a non-federally-assisted development, non-recurring income that is included in the adjusted federal gross income reported on your last year's tax return would also be included in the calculation of your adjusted income.

What if an applicant is found to be over income for a specific available apartment but is income eligible for another similarly sized apartment in the development with a higher rent?

An applicant such as this should be permitted to remain on the development's waiting list until the apartment with the higher rent and maximum income limit becomes available.

Are there any restrictions on the minimum income standards that can be used at these developments?

Yes. Minimum income standards cannot exceed 40 times the monthly rent for non-senior citizen households or 36 times the monthly rent for senior citizen households. In addition, applicants who do not meet the standard must also be given an opportunity to demonstrate their ability to pay the monthly rent or carrying charge. Applicants cannot be required to meet the minimum income standard until they have been reached on the waiting list and an apartment is available.

Can an applicant be refused admission to one of these developments because he or she has a Section 8 subsidy?

No. If an applicant meets the applicable statutory, programmatic, and tenant selection criteria, he cannot be refused admission to the development because he has a Section 8 subsidy. The applicant must be allowed to use the subsidy to demonstrate the ability to pay the monthly rent or carrying charge.

I believe that my application for admission to one of these developments was unfairly rejected. Do I have any recourse?

State supervised Mitchell-Lama developments are required to send a written notification to rejected applicants which informs them of the reason for the rejection and advises them of their right to appeal to DHCR's Office of Legal Affairs within fourteen days of receipt of the notification. If your application was rejected and this procedure was not followed, you should contact this agency's Info and Complaint Line 866-463-7753.

The following list, sorted by county, displays all HCR supervised Middle Income Housing Developments for Families and Senior Citizens constructed under New York State’s limited profit and limited dividend housing programs. The list indicates whether the development is a rental or cooperative, as well as a Family or Senior development. For information on apartment availability (including upcoming lotteries), admission eligibility, and application instructions, please contact the management office at the contact info provided in the list.

State Supervised Middle Income Housing Developments

Pursuant to Section 31 of the Private Housing Finance Law, limited profit developments with open waiting lists are required to afford an admission preference to veterans, or their surviving spouses, who served on active duty (as defined in Section 85 of the Civil Service Law) and reside in New York State. Note that the following limited dividend Family developments are not subject to this statute: Amalgamated Houses in the Bronx, the five Electchesters in Queens, Harry Silver Apartments in Brooklyn and Knickerbocker Village in Manhattan. To find out the status of waiting list, whether it is open or closed, at a particular development, please contact management office