HDFC Co-op | "Affordable" Home Ownership
HDFC Coops - Affordable Home Ownership in New York City
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| The Monterey | 351 West 114th Street Morningside Park |
Q: What is an HDFC coop?
A: HDFC (Housing Development Fund Corporations)
Since 1979, the Department of Housing Preservation and Development (HPD) has sold formerly City-owned buildings to Housing Development Fund Corporations (HDFCs)
HDFC coops are affordable cooperatives in New York City. They sell below comparable coops and condos.to maintain affordability they have income restrictions.
If you qualify an HDFC coop may be right for you. It may be a great deal.
HDFC coops are a form of limited/shared equity home ownership. HDFC coops offer many of the same benefits as regular coops but they have some eligibility (income) restrictions and many have a "flip tax" (shared equity) paid by the seller.
Since they are sold below market and the maintenance remains low because the city reduces property tax on HDFC coops upon selling a portion of the profit is shared with the coop and sometimes the city hence "flip tax".
Back in the late 70' and 1980's many rental buildings were abandoned by landlords and owners that may have owed back taxes or city water charges and the buildings were taken over by the city. NYC HPD (Housing Preservation Department) through an affordable housing program helped to rehabilitate the buildings, trained the tenants on ownership, set the Coop up financially to be self-sustaining, and then sold the apartments to the existing tenants for very low amounts some as low as $250 in exchange the new owners had to manage and maintain the buildings.
Rather than becoming a landlord, the City helped rehab and trained the existing tenants, even some squatters about maintaining their building and becoming a self-sufficient housing cooperative. It has been a very successful program. Over the years they rarely sold and remained within families.
During the past decade brokers including myself began listing and marketing HDFC coops and have been able to get higher prices and generational assets for the owners. While they still sell below market many HDFC sellers are now able to garner the highest possible price for their coop from their sweat equity.
I've represented many sellers and buyers in Harlem's most sought-after HDFC coop as well as HDFCs in Hamilton Heights, Sugar Hill, Morningside Heights, Manhattan Valley, Hell's Kitchen the East Village, and Williamsburg, Brooklyn.
The specific definition of low income, moderate and middle income for some HDFC cooperatives were time limited and have expired, the cooperation must adopt a new standard. The highest standard that HPD currently accepts is 165% of the median income for the metropolitan area.
Because HDFC coops were originally set up as low-income housing they must remain affordable so a buyer must qualify financially. An HDFC coop must be a primary residence and the income restrictions are based on area median income standards.
The specific definition of low income, moderate and middle income for some HDFC cooperatives were time limited and have expired, the cooperation must adopt a new standard. The highest standard that HPD currently accepts is 165% of the median income for the metropolitan area.
Because HDFC coops were originally set up as low-income housing they must remain affordable so a buyer must qualify financially. An HDFC coop must be a primary residence and the income restrictions are based on area median income standards.
In many HDFC buildings, the maximum income allowed is either 120% to 165% of the area median income. Many others are based on Section 576 of NYS Private Housing Finance Law. a formula of 6-7 times the unit's annual maintenance. Therefore individual HDFC coops buildings and units may have different income requirements. It can also vary depending on the household size. A household of five can have a substantially higher income in some HDFC buildings enabling larger households to afford larger apartments.
The cost of owning and maintaining shares in a cooperative includes apartment maintenance, the monthly payments on any loan used to purchase the shares, utilities, and homeowners insurance.
Generally to be considered affordable buyers should not pay more than 30% of their gross income in housing costs. HDFC boards have the same discretion to approve or reject a buyer as any regular coop. The only difference is there is a maximum income allowed to purchase or lease in HDFC coop apartments.
Please contact me if you want more information about buying or selling an HDFC coop.
Disclaimer: I am not a lawyer, this blog and my answers to questions are my opinions for information purposes only based on my experience as a real estate broker and not intended as legal or financial advice and should not be used as a substitute for the advice of legal counsel.
updated: 34/2021
An HDFC coop represents a great opportunity to own a home in New York City, for a fraction of the price of other comparable market rate coops and condos but with that comes some restrictions on purchasing and selling.
When buying or selling an HDFC Coop it is important to use a broker that understands the rules, restrictions, and nuances of HDFC coops. NYC Broker, Mitchell Hall is a recognized expert and leader in the HDFC coop market.
When buying or selling an HDFC Coop it is important to use a broker that understands the rules, restrictions, and nuances of HDFC coops. NYC Broker, Mitchell Hall is a recognized expert and leader in the HDFC coop market.
Please contact me if you want more information about buying or selling an HDFC coop.
Disclaimer: I am not a lawyer, this blog and my answers to questions are my opinions for information purposes only based on my experience as a real estate broker and not intended as legal or financial advice and should not be used as a substitute for the advice of legal counsel.
updated: 34/2021
Thanks so much for posting this. We were actually having a discussion about HFDC's today in the office, and I came home to do some research on them. Your post was extremely helpful in explaining the in's and out's.
ReplyDeleteOne question that we did have that isn't really discussed on here is regarding the shares. Specifically, do they increase in value, or when they are sold do they typically sell at the same price as when originally bought. There seems to be some conflicting information out there. Thanks so much.
Most HDFC coops increase in value. The flip tax usually determines how much of the profit is shared with coop and/or city. Many original owners who bought for $250. sold for several hundred thousands. It is in the original offering plan as to how it was set up. The flip tax can be voted away by 2/3 majority.
ReplyDeletehow much can maintenance go up on hdfc coops? anything they want or is it controlled?
ReplyDeleteHow maintenance may be increased is usually in the coops by laws
ReplyDeleteThank you very much for the valuable information.
ReplyDeleteI have been looking for rules and regulations regarding HDFC co-ops, but with no luck. Most real estates professionals are either unfamiliar with HDFC buildings or quite frankly, they have better things to do than to deal with these below-market-value sales. I understand nobody wants to spend time on a project that pays about half of a regular transaction.
It is very surprising though that I could not find much useful information on nyc.gov either.
Would you please point me to the right direction concerning the rules and regulations of HDFC co-ops? I understand that there are income requirements, which usually is below a certain figure. I could not find information on how much below is too low or how many years I have to fall within the income requirements before the sale.
Thank you very much for your help.
Every HDFC coop has it's own rules and regulations since they are corporations like any other coop. Some HDFC coops may have different requirements based on the year and date the building became an HDFC coop. The rules and regulations are in the HDFC coop bylaws. The standard definition of "low income" "moderate income" or "affordable housing" has changed during the existence of the program so shareholders must consult their corporate documents to determine the standard applicable to their cooperative.
ReplyDeleteBelow is a general guideline based on 120%- 165% of NY median incomes.
HDFC Cooperative Median Income Standards: 2010
Household Size Maximum Income 120% Maximum Income 165%
1 $66,600 $91,600
2 $76,100 $104,600
3 $85,550 $117,650
4 $95,050 $130,700
5 $102,700 $141,250
6 $110,300 $151,650
7 $117,950 $162,200
8 $125,500 $172,600
Most HDFC coops are resales. Private owner selling listed with a real estate broker such as myself. Therefore you won't find them listed on nyc.gov but rather on real estate and broker websites.
There is usually no minimum income requirement only maximum. However like most coops the board will want to see that you can afford to make the monthly mortgage and maintenance payments. There is no formula every coop board has their own discretion. They usually require your last two most recent tax returns. Once you purchase your income can increase above the maximum with out any consequences.
ReplyDeleteFeel free to contact me at 917-312-0924 or mhall@corcoran.com if you have any other questions or if you would like me to represent your interests in a purchase or sale. In New York State buyers have the right to their own representation and there is no fee to the buyer since the seller pays the broker fee.
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ReplyDeleteThis comment has been removed by the author.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteDavid,
ReplyDeleteAn HDFC coop must be the shareholder's primary residence. Primary residence is the address on your federal tax returns. The residence must be occupied for over 185 days per calendar year. You may be able to count your present home as a second home or vacation home but they will know from your application it is your current primary residence. They may ask you to sell it. Every coop board including HDFC coop boards can use their discretion to approve or reject a prospective purchaser. Some boards may allow it while others may not.
This comment has been removed by the author.
ReplyDeleteone person $66000 to $91000 is quite high, how can it be for low income families?
ReplyDeleteWhen determining your income, do you use your net or gross? Is that before or after deductions?
ReplyDeleteAs a married couple, can only one partner buy an HDFC coop since only one fulfills the income restriction requirements (we file joint tax returns btw) ???
ReplyDeleteFreind2B
ReplyDeleteNo!
HDFC coops are a subsidized "affordable housing" program for low to moderate income families. Income qualifications are based on number of occupants/family size. Recent tax returns will be required as documented proof of income.
What would be percentage of the profit made by the seller when selling his home that goes back to the co-op on a HDFC building?
ReplyDeleteWhat is the percentage of the profit that goes back to the Co-op after selling the property in a HDFC building?
ReplyDeleteThe percentage of profit shared is determined by the coop's flip tax. The coop's flip tax is in the coop's bylaws. Each building is different and each building has it's own governing documents such as certificate of incorporation and bylaws.
ReplyDeleteI'm a student in grad-school (ie: makes no income) and my wife qualifies for an HDFC apt we're interested in. If she makes the purchase and I become an official occuppant, would I be able to buy another HDFC apt in the future (assuming my income then qualifies for HDFC)?
ReplyDeleteThanks very much for posting this. If I am trying to purchase a HDFC coop, who confirms my income? Do I have to send my tax returns to a city agency, or the building's board? Or what?
ReplyDeleteAre there additional hurdles involved in securing financing for HDFC coops?
Finally, it's my understanding that the building must sign a 30-year agreement with the city when it becomes an HDFC coop. Do such buildings ever leave the program or convert to normal coops at the end of the 30-year term?
Thanks again!
Hi Mitchell,
ReplyDeleteI am interested in finding out if you know of any lenders to purchase a HDFC coop? I was pre-approved by a well known bank and was told that they do not finance HDFC coops. I would like to know so that I can acquire the pre-approval prior to purchasing. Thanking you in advance.
Be well,
Barbara
Anonymous Feb 13, 2013.
ReplyDeleteAn HDFC coop must be your primary residence.I'm not sure how a married couple can pull off two separate primary residences.
Anonymous Feb 19,2013.
Each HDFC has their own application and board approval process. A majority of shareholders can vote to remain or to leave HDFC program after term determined in the certificate of incorporation. It is rare for a building to leave and give up the tax benefit and subsidies.
Barbara, February 24, 2013.
Chase, Bank of America and Citibank finance loans in HDFC coops. In my opinion the best loan officer to secure an HDFC coop loan is:
Michael Most
Senior Mortgage Consultant
Citibank
666 Fifth Avenue, Floor #12B
New York, NY 10103
917-841-8096 Cell
855-831-9028 Efax
Email: michael.most@citi.com
Website: www.tipsforhomes.com/mmost
NMLS#363202
Mitchell, thank you so very much for responding. I appreciate your prompt response.
ReplyDeleteBlessing,
Barbara
Barbara, You're welcome. Feel free to contact me if you need any help finding an HDFC coop or if you need representation.
ReplyDeleteBest,
Mitchell
Why would the city allow buildings to remain in the HDFC program if the building is now being run well. Wouldn't the city be suffering a tax loss?
ReplyDeleteAlso, what happens when a building is no longer HDFC?
I am a owner of a HDFC coop that I have been trying to sell for over a year and a half now. Biggest problem is finding a buyer a mortgage. Where do you get mortgages for your prospective buyers? We were told by our managing agent that the only source for loans was the Lower Eastside Peoples Federal Credit Union. They are not an option for people who make more that $38K, their rules for membership don't allow members who make more than that.
ReplyDeleteHi Bronx-coop,
ReplyDeleteCall Michael Most at Citibank. If the building meets citibank/Fannie Mae guidelines Michael can get the coop approved.
Michael Most
Senior Mortgage Consultant
Citibank
666 Fifth Avenue, Floor #12B
New York, NY 10103
917-841-8096 Cell
855-831-9028 Efax
Email: michael.most@citi.com
Website: www.tipsforhomes.com/mmost
NMLS#363202
I am a shareholder in an HDFC coop whose 30 yr underlying mortgage is going to be paid off in a fairly short period of time. The coop is having a very difficult time agreeing on a new resale policy to take effect when that happens. There is a division between those seeking a greater amount of profit when selling and those who want to stay closer to the HDFC affordable tradition. It's become a source of a great deal of anger and internal politics. Can you recommend any websites that might present "case histories" of how different HDFCs have coped with a similar transition, or any other resources that might help us in seeing our way through this dilemma??
ReplyDeleteDear Mitchell: Thank you for all your useful information. I understand the basics about income requirements and flip taxes. But I am confused about how listing/sale prices are determined. Is there a City formula to ensure that a unit is affordable? Or do Coop boards or sellers set listing/sale prices? Thank you again. -Antonio
ReplyDeleteHi Anonymous April 24, 2013
ReplyDeleteThe dilemma your coop is currently facing is very common. Many HDFC coop boards have the division you mention. I often hear when I represent sellers in HDFC coops that the board and coop is divided between the older and newer members and shareholders.
An HDFC coop seller I represented a few years ago would refer to her coop's board as the Supreme Court of the United States. Three conservative directors, three liberal/progressive directors and one swing vote director.
In my opinion the best website for information and guidelines on HDFC coops is NYC(HPD) Housing Preservation and Development. 212-863-7327.
http://www.nyc.gov/html/hpd/html/home/home.shtml
There is also a non-profit called Urban Homesteading Assistance Board that may be able to help.
http://www.uhab.org
Good luck.
Antonio, April 28, 2013
ReplyDeleteHDFC coop shares may only be sold to households within the applicable income standard. The most common income standards are 120% of area median income, 165% of area median income and section 576 of the Private Housing Finance Law (PHFL)a formula based or the maintenance of the apartment, cost of financing plus a factor for utilities. This formula is based 0n the cost of housing.
Generally, buyers should not pay more than 30% of their gross income in housing costs. NYC HPD expects boards/sellers to set and enforce sales prices that are affordable to people within the HDFC's target income range.
Thank you for your response Mitchell. -Antonio
ReplyDeleteMitchell,
ReplyDeleteGreat Post Mitchell. My question is this: my wife and I own a Harlem brownstone and would like to retain ownership of this property and buy a HDFC unit. We would meet the income requirements and would move to the HDFC unit which would become our primary residence. Would owning our building disallow us from purchasing a HDFC apartment? Thank you in advance for your help!
Best,
Paul
Hi Paul,
ReplyDeleteWill you rent the brownstone? Will the rental income you receive from the brownstone put you over the maximum income cap?
If it will be a source of income that provides cash flow but you still meet the income requirements, I don't think it would disallow you from purchasing an HDFC apartment.
However, each individual HDFC coop board, just like any coop board can reject any buyer for any reason other than discrimination.
Hi Mithcell,
ReplyDeleteI'd like to transfer my HDFC coop to my daughter who is a college student, the broad almost agreed, but should I pay the 30% flip tax for resale profit since I just transfer instead of resale.
Thanks,
Helen
Hi Helen,
ReplyDeleteRestrictions and liabilities regarding transfer of shares can usually be found in the coop's proprietary lease or by laws.
Many boards consent to transfers to a financially responsible family member who has lived in the apartment with the shareholder for a 2 year period. If transferred in compliance with lease there may be no further liability.
You should consult a real estate attorney experienced in NYC coops.
I am a shareholder in an HDFC whose 30-year Regulatory Agreement has recently expired. Some shareholders want to continue to be a regulated building by entering into another RA with HPD. Others want to be an "independent HDFC", i.e. we would decide for ourselves what constitutes "affordability."
ReplyDeleteI would be interested in hearing from other HDFC buildings with similar issues.
benbbedell@gmail.com
Hello Mitchell,
ReplyDeleteI am a HDFC shareholder. I am also disabled. Would I be entitled to apply for drie?
Thank you.
Hi Shondera,
ReplyDeletehas your maintenance been increased? You may be.
http://www.nyc.gov/html/dof/html/property/property_tax_reduc_drie_dr_te.shtml
I applied for a 1 BR coop in a HDFC building. Is it legal to put up a wall in the living room to create another BR and rent that out? I will still be living there and the rental income will not push me over the income restrictions.
ReplyDeleteI am thinking to buy a 2BR coop and share with one or two roommates. Do you think it's possible? or depending on coop?
ReplyDeleteThanks.
Probably depends. Are the roommates co-purchaser's? Total household income will most likely need to be disclosed. If roommates pay you rent an HDFC coop will most likely count the rental income you will receive toward the maximum income allowed.
ReplyDeleteHey Mitchell, impressive to see that you have a post from 2 years ago still generating comments and replies!
ReplyDeleteI've brushed up on as much reading as I can about the Roommate Law and so far what I have concretely gleaned is that if I purchase a co-op as a residence, I can have an unscreened roommate.
From what articles I've read, the financial circumstances are (within reason) not noted in the law. Hypothetically it would be up to me and the roommate. You mention: "If roommates pay you rent an HDFC coop will most likely count the rental income you will receive toward the maximum income allowed."
I don't see how that could work, especially if the rental income is something that happens after the purchase. From what I understand, your income is allowed to rise AFTER the purchase is complete.
I am curious, though; is there a hypothetical for what your roommate could pay? Since you only pay maintenance fees, is that the equivalent of a "rent" limit? Would they only be allowed to pay half of that? Or could you charge them market rate? Or half of market rate, etc?
And I'm assuming the Roommate Law specifies at most ONE roommate...but I'd be interested to know whether I could get a 3 BR Co-Op and have TWO roommates.
Thanks, Mitchell, hope to hear from you!
Andy, Thanks for visiting my blog. I don't have hypothetical answers to hypothetical questions. Coops including HDFC coops are set up as private housing corporations. Co-ops are governed by New York Business Corporation Law. The coop board has a fiduciary duty to act in the best interest of the corporation. Coop boards based on their bylaws, proprietary lease or their own discretion have the right to decide and determine what is in the best interest of the housing corporation including approving or disapproving sales of shares, assignments of leases and subletting of the whole or any part of an apartment. NY State Private Housing Finance Law requires the HDFC to provide housing to low income individuals and households. Once you are a shareholder, if you already got passed the board approval process on your own the roommate law may protect you or a future roommate from board consent. You should consult a real estate attorney
ReplyDeleteThank you for your quick response, Mitchell. Perhaps I can rephrase/alter my question to be a little more concrete:
ReplyDeletePer the Rent stabilization act, it is illegal for a master tenant to charge more than the proportionate amount of rent to an occupant.
If I own shares in an HDFC, I am not paying rent. I am paying my mortgage and maintenance fees.
Am I subject to the Rent stabilization Law? I understand co-ops may have specific bylaws, but I am asking whether outside of the bylaws I am bound by any such law.
Hi Andy,
ReplyDeleteTwo separate an distant questions.
1. A rent stabilized apartment can be sublet, the landlord must be informed and the amount allowed of rent charged (I believe is 10% above master tenant's rent) However having someone a "roommate" occupy the apartment with you living there as your primary residence is different than subletting. I believe in that scenario you benefit from the protection of the roommate law.
2. Owning shares in an HDFC coop are not subject to rent regulation/stabilization. However, HDFC coops are for low income households so to sublet an HDFC coop the sub-tenant can not have an income above the maximum allowed. Some HDFC coops in addition to the maximum income allowed may also use the formula of "affordability" recommended by HUD 30% Debt to income ratio (no more than 30% of their total income should go toward housing costs) So in essence the HDFC coop can determine the amount of rent a shareholder can sublet their apartment for.
The coop board approves sublets. In other words if a potential renter's income is $99,000 (the maximum allowed in 165% of AMI HDFC coops) the maximum rent considered "affordable" is $2475. That is also the same "affordable" amount determined by most landlords in NYC. Most landlords will require an income of 40 times the monthly rent. $2475 x 40 = $99,000. In a coop, like a rental apartment a "roommate" living in the apartment with you is not considered a sublet. I believe in that scenario the "Roommate Law" may offer protection.
However since HDFC coops are tax-payer subsidized housing for low income households, the "Roommate Law" may be a loop hole but profiting from a portion of the apartment is not in the spirit of HDFC and affordable housing program.
In order to purchase a coveted 3 bedroom apartment in a well run desirable HDFC coop you will be thoroughly scrutinized and interviewed by the coop board. They will not only ask about finances but about your intent use and occupancy of apartment.
Disclaimer: I am not a lawyer, this blog and my answers to questions are my opinions for information purposes only based on my experience as a real estate agent and not intended as legal or financial advice and should not be used as a substitute for advice of legal counsel.
Hi, we have been a tenant at 170 west 85th street HDFC corporation for the past 25 years. The new board in the building is refusing to meet with us and to discuss the future of our lease in the building. Our lease ends at the end of July 2014. We would like to know if we have any kind of rights as long term tenant in the building. Can they raise the rent to any amount or do they have the option to not to renew our lease. Are there any rules and regulations about our relationship with the co-op where we can read the bylaw that the co-op board is to comply with.
ReplyDeleteSincerely yours,
Yosef Shimron
[email]shimron2010@gmail.com[/email]
201-724-1215
Hi Mitchel,
ReplyDeletewondering if you're still around?! You've been so helpful here! I bought into an HDFC coop a while ago and now would like to buy an adjacent apt that's up for sale to combine them. I realize that you can't own more than 1 HDFC apt, but the intent would be to combine 2 apts into 1. Any idea if this is legal/possible? Thanks!!
Hi Mitchel,
ReplyDeleteThanks so much for this great post! We are having a dilmma: considering a 3 BR HDFC apartment in Harlem. The owners bought 6 years ago for $650K and are listing for $995K. The building is in a much better financial state now than 6 years ago, but the unit has not been renovated since then. We feel that the unit is overpriced and would like to make an offer at a much lower price point. We are trying to understand how low we can go. How should we go about that?
Thanks!
Hi Anonymous. You should hire a knowledgeable real estate broker to represent you.
ReplyDeleteHi there,
ReplyDeleteWhat are the laws of purchasing 2 units in one building? My husband and I are looking at a unit that we would like to make an offer on in and HDFC building which we qualify for. However we became aware that the unit across the hall is also coming up for sale. We can afford both (thats how well priced the units are) but are unsure if legally we are allowed to purchase 2 units in an HDFC building. We would combine it into one unit to make our home. Can you tell me if something like this is possible? Thanks
Anonymous,
ReplyDeleteThe coop board can approve or reject any purchase for any reason other than a Fair Housing violation. Contact the board or ask the seller or their broker to find out if purchasing 2 units is permissible.
Anonymous grad student, as I have been on the Board of an HDFC for a while, I know the rules. If you are on the lease of the HDFC together with your wife (basically co-own it), you should be considered an owner, and you are not allowed to own two HDFCs or HDCs (similar subsidized category) at the same time, as they have to be your primary residence. Some subsidized coops will ask you about your owenership in their application and a yes automatically disqualifies you. If you are not on the lease, there probably are no restrictions, you would essentially be a roommate of your wife/renter in your wife's apartment, but check with someone who has that legal expertise, HPD would know, too.
ReplyDeleteHello, I have a friend who has a coop with resale restrictions. It can be to someone in the income brackets above, but also the sale price is restricted to a certain amount of inflation. In this case it can be sold for about $175,000. However, a comparable unit in unrestricted building nearby is selling for $700,000. Can my friend make the sale contingent on a buyer separately paying $500,000 finders fee?
ReplyDeleteHi Anonymous,
ReplyDeleteA nearby unit in an unrestricted building may look similar to your friend but it is not a comparable unit. Your friend is comparing apples to oranges. I suggest your friend consult with a real estate attorney and the coop's bylaws. In many coops a 2/3 majority vote of the shareholders can change the coop's resale policy.
New York state requires that any compensation paid to a person in connection with a real estate transaction be paid solely to a licensed real estate broker. New York Real Property Law section §442-d precludes unlicensed individuals from pursuing the receipt of a finder’s fee in a real estate transaction.
Hi There, After i buy a hdfc coop as a primary residency, can i buy other real estate apt for investment in the future? Thanks,
ReplyDeleteAs long as the HDFC remains your primary residence.
ReplyDeleteHello, I have a HDFC coop that was under the old regulatory agreement of 10% resale policy. A few years ago, the flip tax changed to 30% of profit (current sale price minus orginal sale price). I purchased my unit over 17 years ago and only paid $1000.00. Alot of money was spent to make it habitable. Architects/electricians. I needed a Certificate of Occupancy for the work done which I have. My question is, can the construction costs be added to the original sale price?
ReplyDeleteSome HDFC coops may allow renovation costs (capital improvements) closing costs and selling costs deducted from profit (added to original sale price - adjusted basis) However many HDFC coops do not. In your coop's bylaws under "flip tax" it should give their definition of "profit" It is either "gross profit" (current sale price minus original sale price) or "net profit" allowing deductions. If it doesn't specify in bylaws you should contact your board or coop attorney to find out. If you need a broker to market and help sell it for you please contact me.
ReplyDeleteHi, I may have the opportunity to buy an HPD condo: I'm in a non-married relationship, we applied as a 2-person household for a 2 bedroom unit, and meet the income guidelines together, but it's entirely my income, assets, and good credit. My partner is declared as a dependent on my taxes. Am I allowed to buy the unit as an individual but still qualify as a 2-person household, or do we need to become co-owners of the unit? Thanks.
ReplyDeleteHi Clermont,
ReplyDeleteYour marital status does not matter. Marital Status is a protected class under New York State fair Housing Law. Total household income is determined by the total income of all the occupants that will be residing in household not only the purchaser's income. Since your partner has no income and is a dependent your partner may not be eligible to be a co-purchaser/co-owner but you would still be a 2 person household. You should consult with an attorney familiar with HDFC coops and HPD condos or the managing agent for the particular HPD condo.
Hello, what if I buy a hdfc co-op and my girlfriend decides to move in with me? Is that okay with the roommate law? Would that be allowed? Also what if she gave me a significant amount towards the mortgage each month? Say if I were paying 1,250 towards mortgage and she decided to give me 2,000 on top? Thank you sir
ReplyDelete"HDFC co-ops are intended to be the primary, permanent homes for the self-supporting working low- to moderate-income households. They are not intended to be investment property, for market speculation or for non occupant parents purchasing them for their adult children." Is gifting allowed? If my parent gifts the downpayment, or the full amount of the apartment to me, and my income fits within the guidlines, can I purchase an HDFC?
ReplyDeleteThanks
Some HDFC coops may allow a gift from parents to purchase some may not.
ReplyDeleteHi can you tell me what is used to determine income, Is it AGI
ReplyDeleteCan you tell me what is used to determine income, Is it Adjusted Gross Income
ReplyDeleteHow is income determined, Is it AGI
ReplyDeleteHK,
ReplyDeleteThere is no specific formula or standard used by all HDFC coops. While HUD and NYC HPD determine the maximum income allowed based on AMI (Area Median Income) each individual HDFC coop board can use their discretion in determining the maximum income allowed to purchase set by HPD. According to HPD a purchaser's total current income determines eligibility. Many HDFC coop applications require full financial disclosure including a letter from employer verifying current income and recent pay stubs in addition to most recent tax returns that document prior year's income.
Hello Mitchell,
ReplyDeleteYour blog has been a great resource to find out information on HDFCs. I am in the process of trying to purchase one, but am hitting quite a few snags in the process. Few people offer low downpayment options. Even fewer offer a purchase through a consigner. I had a loan process started until I a coPURCHASER was needed. Do you know of any lenders that offer low downpayment and consigner options? Any information would be appreciated!
There are lenders that loan in HDFC coops such as Citibank but the HDFC coop determines the amount of financing it will allow. Most HDFC coops will not allow more than 90% financing (10% down) In some HDFC coops financing is not an option.
ReplyDeleteHi Mitchell
ReplyDeleteI inherited a HDFC from my deceased father who resided in bklyn, and want to sublet it. Is this possible and what do i have to do to get it done. Also do i have to fill out a section A form.
Subletting may or may not be allowed. If there is a subletting policy it would be in the coop's bylaws. In most HDFC coops subletting requires board approval. You need to check with the board or if the coop has a managing agent regarding subletting. Often they allow subletting for a maximum of two years. They may require you to sell it. You should also consult with a NYC real estate attorney since you inherited the property.
ReplyDeletevery interesting post.this is my first time visit here.i found so mmany interesting stuff in your blog especially its discussion..thanks for the post!no credit check loans
ReplyDeleteI was not aware that the income restriction was forever. I thought after the initial restriction ended that would be the end of it.
ReplyDeleteI live in an HDFC Coop. Are you saying after the regulatory agreement expires a new income restriction will have to be adopted? Some of the units were sold at 250% AMI but you are saying the max is 165%. When the regulatory agreement expires do buyers need their income verified with the city before purchasing?
ReplyDeleteThanks for all the info.
Unknown April 8/2016,
ReplyDeleteAfter initial restriction and regulatory agreement depending on building bylaws and incorporating documents usually 2/3 of shareholders can vote to become a non-HDFC coop. It's pretty rare since the maintenance would increase significantly losing the benefit of no or very real estate tax. There are a few HDFC that incorporated very early in the program that had income restriction in offering plan time limited and have expired. According to NYC/HPD the cooperation must adopt a new standard and 165% of AMI is the highest allowed.
D Will,
ReplyDeleteThe buildings that I'm familiar with that allow 250% of AMI are different than a typical HDFC coop. Usually they were a regular type coop conversion or new construction with a mortgage and regulatory agreement with HDC.
Typical HDFC Coops were buildings abandoned by landlords and city sold building back to existing tenants for $250. All shareholders have 250 shares regardless of the size of their apartment. The original owners didn't need need to meet any income restrictions since they were existing rental tenants.
I've represented sellers in several buildings that allow 250% of AMI. When the initial units were offered for sale some were sold at 120%, 165% 175% and 250% Some buyers got their apartments through lotteries.
In some of the documents it may refer to HDFC but in the buildings that I've sold in with 250% maximum at the end of the regulatory agreement with HDC there is no restriction.
The Washington AKA Site 14 at 231-255 West 148th is such a coop- I've sold several apartments there. Check your offering plan to be sure but if the original shareholders paid more than $250 or even $2500 for their apartments and prices were offered at $100,000 and up it's most likely a cooperative with regulatory agreement with HDC.
Few HDFC homeowners are unaware that HPD will soon require that ALL HDFC's that don't have a regulatory agreement MUST sign a new one. They have a current draft (I have a copy but it is embargoed, so I can't share it yet) but let's just say that HPD will essentially control your coop, and there are multiple other restrictions that will make your hair stand on end. If you don't sign, you lose your tax benefits, however, you must still adhere to income restrictions.
ReplyDeleteWhen I purchased, ALL of the coop's documents noted expiration dates. But those have no validity, according to HPD and the AG's office. They cite the PHFL Article XI as the holy grail controlling HDFCs -- maintaining that no one can benefit financially from selling an HDFC. I feel kind of betrayed because the city and state signed off on documents that have expiration dates. Now we are being told they are invalid.
I am not an original shareholder but know the city charged $140,000 for the building even though it was assessed for $88,000. The original shareholders did all the work to renovate the entire building and get the CofO, with no help from HPD other than a loan, which was paid off a long time ago.
I totally support affordable housing, but the new regulatory agreement would force me to take such as loss that I won't even be able to pay off my mortgage. I urge everyone to contact their city council representatives to alert them to what will soon arrive on their desks. They city is aiming to push this through because DeBlasio wants to take credit for preserving affordable housing, and does not care if current owners become collateral damage. We need HPD to be transparent and we must demand due process for homeowners to provide input before the new regulatory agreement is set in stone.
does the City or some other government agency verify a potential buyers income and application, or just the coop board of each building?
ReplyDeleteDoes the city or other government agency approve income verification and applications for potential buyers of HDFC coops, or does approval come from just the coop board according to the bylaws
ReplyDeleteMost HDFC coops only require coop board approval. However, coops, condops and condos with an underlying mortgage or construction loan from NYC Housing Development Corporation (HDC) after coop board approval also require income verification and final approval from NYC HDC.
ReplyDeleteHDFC Cooperative Median Income Standards: 2016 Update
ReplyDeleteHousehold Size Maximum Gross Income
120% AMI 165%
1 $76,125 $104,775
2 $87,000 $119,625
3 $97,875 $134,640
4 $108,750 $149,490
5 $117,450 $161,490
6 $126,150 $173,460
7 $134,850 $185,420
8 $143,550 $197,380
Question When the Tax abatement is lifted and share holders start paying real estate taxes, Is the income restriction lifted at that time
ReplyDeleteHDFC may pay no property taxes or reduced property taxes. After regulatory agreement expires HDFC coop's may pay reduced property taxes. Income restriction remain as long as coop is HDFC coop. Maximum allowed is 165% of AMI.
ReplyDeleteHi Mitchell,
ReplyDeleteMy husband and I are having a hard time finding apartments that fall under 165% of AMI, any suggestions?
Do you mean you only qualify for 165% buildings? There are much fewer 165% buildings. Most are either 120% or 6x the maintenance buildings. What are you looking for? mhall@corcoran.com
ReplyDeleteHello I purchased a Coop a few years ago and I think I made such a bad mistake. I want to leave and now I feel like I am stuck. The development was financed by HDC and is actually a "Coop" but with tons of restrictions that make it very hard to sell. Income restrictions that last 30 years, 50% profit to HDC if you sell within 15 years and there is no sublet and other restrictions. Many of these restrictions were unknown to buyers when they purchased the units. I think they are rental units that you can't walk away from.
ReplyDeleteMy question is do you think it is legal for HDC impose restrictions on shares that were sold? Has anyone ever challenged this?
D Will,
ReplyDeleteI beleive it's legal as I have sold many HDC subsidized coop and condos with income restrictions and flip taxes. I am not an attorney. You should consult an attorney for legal advice. Buyers should always read the offering plan and bylaws or have their attorney read them and advise buyer accordingly before purchasing any coop or condo. If you want to sell, I can sell it for you but you will have to pay HDC the 50% flip tax prior to the 15th year or when the mortgage with HDC is satisfied if that is what is stipulated in the coop/condo bylaws.
My lawyer didn't do her job. She was recommended by the sponsor and failed to explain any of these things to me.
ReplyDeleteSorry to hear that. Possibly malpractice? The income restriction won't be a problem to sell. There are plenty of buyers that will qualify. The 50% of profit is a lot. I sold in an HDC condo that had the 50% 15 year flip tax. Seller needed to sell but still made a profit. He bought for $200K, I sold it for $580K ($380K profit) He netted $190 profit. The 15 year mortgage was satisfied earlier this year and now comparable units in building are getting over $million.
ReplyDeleteThe max income is 130% of ami. It is about max 86k for a single person or 99k for a family of 2. Maintenance is over 1k. The units aren't exactly affordable but yet these ristructions are in place. I still owe the bank over 100k.
ReplyDelete