Mitchell–Lama Housing Program
reliable, independent, third-party sources. (June 2016) ) |
The Mitchell–Lama Housing Program is a
The program's publicly stated purpose was the development and building of
The New York State Division of Housing and Community Renewal (DHCR), was merged with the New York State Housing Finance Administration in 2010 to create the New York State Housing and Community Renewal agency. The new agency provided financing, maintenance and supervision of mortgages to developments as long as they remained in the Mitchell–Lama program.[1]
According to the New York State Homes and Community Renewal (formerly DHCR), "A total of 269 Mitchell-Lama developments with over 105,000 apartments were built under the program."[3]
Removing properties
What happens to the tenants in those buildings depends on when they were built and public policy.
Rentals built before 1974
Tenants in rental buildings built before 1974 go into
Rentals built since 1974
Tenants who do not qualify for enhanced vouchers, including all tenants in post-1973 buildings that were not federally subsidized, must pay the rent set by the landlords.[9] The buildings that are no longer in a rent-regulation program pose a particular problem for tenants who were receiving special subsidies such as subsidy programs because of poverty[10] age,[11] and disability.[12]
Housing co-operatives
After a certain period of years, owners of Mitchell–Lama limited equity
Policy
Legislation
Some politicians have proposed bills
Division of Housing and Community Renewal lawsuit
In November 2007, the State's Division of Housing and Community Renewal (DHCR) - now NYS HCR - adopted regulations stating that just removing a pre-1974 Mitchell–Lama from the program is not a "unique or peculiar circumstance" justifying a substantial rent increase.[16] Several landlords challenged that policy in court, asserting that it contradicts a court decision, KSLM-Columbus Apts. v. NYS DHCR,[17] and a lower court's reference to DHCR policy letters.[18] Justice Schlesinger of the New York State Supreme Court ruled[19] that the regulations are legal, and one of the owners (Steve Witkoff, owner of 95 W. 95th Street, now called "Columbus 95") appealed to the state's mid-level Appellate Division. On December 28, 2010, the Appellate Division, First Department (covering the New York City boroughs of Manhattan and the Bronx) unanimously upheld DHCR's regulation.[20] The owner of Columbus 95 failed to pursue judicial permission to appeal to New York State's highest court.[21]
See also
References
- ^ a b New York State Division of Housing and Community Renewal (DCHR) - now merged into the NYS Housing and Community Renewal, [1]
- ^ History. Mitchell-Lama Residents Coalition.
- ^ "Mitchell-Lama Housing Program". New York State Homes and Community Renewal. 2015-04-01. Archived from the original on 2019-02-12.
- ^ Saving Mitchell-Lama organization Archived 2009-08-08 at the Wayback Machine - website with news, notices, and legislation
- ^ Community Service Society's Report, Closing the Door
- ^ "NYC Rent Guidelines Board". 2013-12-12. Archived from the original on 2014-01-22.
{{cite web}}
: CS1 maint: unfit URL (link) - ^ http://www.dhcr.state.ny.us/rent/factsheets/orafac24.pdf [bare URL PDF]
- ^ "houseingnyc.com". Archived from the original on 2013-01-26. Retrieved 2013-01-26.
- ^ [According to Community Service Society housing analysts, no more than 15% of tenants in post-1973 buildings taken out of Mitchell-Lama are eligible for such vouchers.]
- ^ "HPD - Residential Tenants - Section 8 Information". Archived from the original on 2006-08-14. Retrieved 2006-08-31.
- ^ "SCRIE Made Easy". Archived from the original on 2006-10-05. Retrieved 2006-08-31.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2006-08-24. Retrieved 2006-08-31.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Cooperators United for Mitchell-Lama
- ^ "Save Mitchell-Lama - Omnibus Rent Bill: Is your Elected Sponsoring it?". Save-ml.org.
- ^ "Bill Search and Legislative Information | New York State Assembly".
- ^ "Save Mitchell-Lama - New Regulations in Place". Save-ml.org.
- ^ KSLM-Columbus Apts. v. NYS DHCR{}
- ^ Susman, Sue. "Summary of Cases Feb8_09.doc" (PDF).
- ^ http://save-ml.org/files/Schlesinger%20Decision%20Nov%2025%202009.pdf [bare URL PDF]
- ^ "Columbus 95th St., LLC v New York State Div. Of Hous. & Community Renewal (2010 NY Slip Op 09569)".
- ^ Tenants have won the "U or P" case