Mitchell-Lama Applicant FAQ's
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.
Federally-assisted developments receive Section 8 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.
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 developments, the basis is multiplied by 7 for households of one to three persons, or by 8 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:
The household has three or more persons and the adjusted income does not exceed 125% of the maximum income limit.
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 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.
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.
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.
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.
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 seven days of receipt of the notification. If your application was rejected and this procedure was not followed, you should contact this agency's Public Information Office at (212) 480-6731 and ask to speak to the Housing Management Representative for that development.
Automated Waiting List Apps
Mitchell-Lama Automated Waiting List System (AWL) Some text about the main app
Welcome to the Mitchell-Lama Automated Waiting List (AWL). This web-based system enables State-supervised housing companies to store and process applicant information more efficiently. The functions below make the waiting lists at these developments available to the public while safeguarding the confidentiality of personal applicant information.
Frequently asked questions concerning the AWL are answered below. Specific questions about your application, or the marketing information displayed by these functions, should be directed to the development's management office.
- General Waiting List Report - This report provides basic marketing and contact information for the selected development and enables the user to generate transfer and admission waiting lists for each available apartment size showing the position, number and date of active applications.
- Waiting List Position Query - This query provides basic marketing and contact information for the selected development and enables applicants to check their current waiting list position by entering their application number.
- Update Contact Information - This link allows an active admission applicant to submit an online request to update their address and telephone number(s) on file with a housing company. The housing company has the right to accept or reject any changes submitted online.
Frequently Asked Questions for Mitchell-Lama Automated Waiting List (AWL) Public Access Functions
The Mitchell-Lama development I applied to doesn't appear on the dropdown lists.
Contact the development's management office to find out who the supervisory agency is. The NYC Department of Housing Preservation and Development also supervises Mitchell-Lamas, but only HCR supervised developments are on the AWL system. If HCR is the supervisory agency, it is also possible that the development is known by, and listed under, another name or is not on the AWL yet.
The development I applied to is not on the AWL system yet. When can I expect this to happen?
We expect that all HCR supervised Mitchell-Lama developments will eventually be on the AWL. Contact the development's management office to find out if they have a projected conversion date.
I applied to a development on HCR's AWL system and received an application number, but I can't find the number on their waiting list.
If you applied recently, your application might not have been entered into the system yet. If that's not the case, and you applied before the development was converted to the AWL, your application number would have been changed during the conversion. Another possibility is that your application may have been inactivated by the housing company. Please contact the development's management office for information.
I'm further down on the waiting list than I was the last time I checked. Does this mean something is wrong?
Not necessarily. Inactivated applicants can be reinstated by the housing company for good cause or as the result of an HCR appeal determination, and this can negatively affect your position on the waiting list. In addition, at developments with open waiting lists, changes in the family composition of applicants who applied before you did can negatively affect your position.
I know there has been some turnover of apartments at the development I applied to for admission, but my position on the waiting list hasn't changed.
HCR Mitchell-Lama developments give preference to transfer applicants for three out of every four apartments of each size that become available. Consequently, admission waiting lists do not move as quickly as transfer waiting lists do.
Is it still necessary to submit address and telephone number changes to a housing development in writing?
Mitchell-Lama applicants are required to inform the housing development of any change in address or family composition within 30 days of such occurrence. Admissions applicants can now submit address and telephone number updates using the Update Contact Information form. Transfer applicants must still submit these changes in writing. Changes in family composition for both admission and transfer applications must still be submitted in writing.
The Update Contact Information online form keeps giving me the error 'No records found that match your request'. What should I do?
You should contact the housing development. It's possible that the application number or head/co-head of household information you are entering doesn't agree with the information on file. Also, contact information for transfer applications cannot be submitted online.
I received an email that my address change was rejected, what should I do?
Housing developments have the right to reject changes submitted online. Contact the housing development to find out why your change was rejected.
I am on more than one Mitchell-Lama waiting list. Do I need to submit the online change form to each housing development?
Yes, you must submit an online change form to each housing development to which you apply.
Development Lists for Middle Income Families and Seniors
Following are lists, by county, of 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 lists indicate whether the development is a rental or cooperative. If the development is accepting applications, an estimate of the wait for a studio or one-bedroom apartment is provided. Developments identified as "List Closed" generally conduct advertised lotteries to replenish their waiting lists. For complete details on apartment availability (including upcoming lotteries), admission eligibility, and application instructions, please contact the management office in the right-hand column.
Federally-Assisted Developments - The US Department of Housing and Urban Development establishes maximum admission income limits for Section 8 and Section 236 developments, which are identified by an asterisk (*)on the list. These income limits, based on the area's median income adjusted for household size, are available on HUD's website at: www.hud.gov. To calculate household income for this type of development a 12 month projection of current income is used.
Non-Federally-Assisted Developments - Maximum admission income limits for non-federally-assisted developments are set at seven times the annual rent/carrying charge for families of three or less, or eight times the annual rent/carrying charge for families of four or more. To calculate household income for these developments the adjusted federal gross income reported on the prior year's New York State income tax return is used, less any dependent exemptions, taxable social security benefits, and medical expenses that are actually claimed on the return. An additional deduction of up to $20,000 of earned income is allowed for each secondary wage earner, and a deduction of $1,000 is allowed for each household member who files a New York State income tax return and is not claimed as a dependent by another person.
Rents and Carrying Charges:
Rents and carrying charges vary depending upon factors such as the development's operating expenses, the size and location of the apartment within the development, the amount of subsidy funds available under various State and federal subsidy programs (if any), and the applicant's household income.
Admission Preference for Veterans:
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 during time of war (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.
For information about New York City middle income developments write to New York City Department of Housing Preservation and Development, 100 Gold Street, New York, NY 10038, call (212) 863-6500, visit their website at: http://www1.nyc.gov/site/hpd/index.page, or call their Affordable Housing Hotline: (212) 863-5610, or Spanish Speaking (212) 863-5620.
For information concerning New York City Housing Authority developments write to New York City Housing Authority, 250 Broadway, New York, NY 10007, call (212) 306-3000, or visit their web site at: https://www1.nyc.gov/site/nycha/index.page.
This is a listing of State Supervised Developments for Middle Income Families in the Mitchell Lama Program throughout the state of New York.
This is a directory of State Supervised Mitchell Lama Developments for Seniors