Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Apartment buildings on Flatbush Avenue in Brooklyn.
    Sell
    Brooklyn median sales price passes $1 million for the first time
    Manhattan waterfront condo buildings
    Sell
    Manhattan deals hit new two-year high as inventory wanes
    apartment building in NYC
    Rent
    What is the certificate of occupancy and why is it such a big deal?
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Manhattan apartment buildings seen from Central Park
    Rent
    Inflation vs. signing a new lease in Manhattan: Which is more painful?
    NYC tenants marched to Gracie Mansion to protest a hike in rents
    Affordable Housing
    Tenants protest against Adams as increases for rent-stabilized apartments go into effect
    This is a photograph of brightly painted fire escapes on historic brick buildings in the Lower East Side of Manhattan.
    The Search
    NYC renters have filed hundreds of FARE Act complaints. Here’s what happens next
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Apartment buildings on Flatbush Avenue in Brooklyn.
    Sell
    Brooklyn median sales price passes $1 million for the first time
    Manhattan waterfront condo buildings
    Sell
    Manhattan deals hit new two-year high as inventory wanes
    A living room staged by Urban Staging.
    Staging + Open Houses
    13 staging mistakes that can cost you the sale of your co-op or condo
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    A handheld gas detector
    Live
    Gas was seeping through our walls and my family is lucky our neighbor took action
    hidden camera brick underground
    Troubleshooting
    How to find a hidden camera planted by your landlord, Airbnb host, or another creep
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    insurance adjuster inspecting mold
    Products + Services
    How to tell if your apartment has mold—and how to get rid of it
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    Apartment buildings in Lower Manhattan
    Renovation
    What repairs are co-op and condo owners responsible for, and what do buildings take care of?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Apartment buildings in NYC
    Rent
    Ask Altagracia: My landlord says there are too many people in my apartment. What are the rules about occupancy?
    Sponsored By Outerbridge Law P.C.
    Woman with dog at crosswalk in Central Park in NYC
    Rent
    Ask Altagracia: My landlord says no pets allowed but I have an emotional support animal. Can they evict me?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: If I start making more money, will I lose my 80/20 apartment?

By Himmelstein McConnell Gribben & Joseph LLP  | April 6, 2016 - 12:59PM
image

Extell Development

SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I have a spot in an 80/20 building. Can I get kicked out of my apartment if my income gets high enough? If so, how much money do I have to make for that to happen?

While you need to be forthcoming with your landlord about your finances even after you've signed the lease, an increase income isn't likely to cause you problems here, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations.

"The short answer to this is that no, you can't be kicked out [for an increased income]," says Ron Languedoc, a partner at the firm. 

To initially qualify for an apartment in an 80/20 building, family income must be no more than 50 percent of Area Median Income (“AMI”). Once you've landed the apartment, you'll be required to undergo an annual review submitting information on your current financial situation. But even if you report new, higher levels of income during this review, you aren't likely to be booted from your home.

"Most low-income tenants in the 80/20 program aren’t at risk of losing their low-rent apartments even if their income exceeds the AMI standard listed for the Low Income Housing Tax Program," Languedoc explains. "For most tenants in the program, their income has to be reported annually only so that the owner can comply with the requirements of the tax program."

In other words, you have to be careful to comply with the annual paperwork requirements, but if you suddenly land a job with a six-figure salary or win big on Powerball, it shouldn't be a problem.

That said, specific tax requirements and financial setups can vary from building to building, and if you're concerned, you may want to run it by a lawyer. "Tenants who have a question regarding this should contact an attorney who can look at their lease and check the regulatory agreement for the building that is on file with ACRIS," he says.

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

You Might Also Like

image
Roommates + Landlords Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money?
image
The Search 80/20 apartment living: My life as a 20 percenter
NYC apartment buildings
Affordable Housing 6 steps for applying to NYC's affordable housing lottery

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

80/20 Ask Altagracia
SHARE
TWEET
BRICK’S PICKS
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS