New York's Cooperative and Condominium Community
I live in an HDFC coop in NYC. A few years after purchasing my boyfriend moved in. He is also interested in purchasing his own apartment in the building in a few years. We both separately meet the income requirements for HDFCs, however if we were to apply jointly we would not. If we enter into a domestic partnership before he applies to purchase an apartment would he have to list both of our incomes?
Join the Conversation Comments (2)
Hi Mary M - I'm not a lawyer, which is why I'm asking this question. It's been my understanding that a "Domestic Partnership" was a relationship device used by states that wanted to circumvent the federal ban on same-sex marriage. In these states, a Domestic Partnership granted all rights and privileges married individuals enjoyed to individuals in a same-sex relationship. I believe it required the filing of a formal declaration and/or document with the state courts.
Now that marriage is a right enjoyed by *all* couples, does a "Domestic Partnership" still have any legal or regulatory standing. Hasn't it been superseded by the right to marry?
I'm asking in the spirit of wondering if the HDFC can today look at a Domestic Partnership and decide that it has the same force and effect of a formal marriage in terms of combining the incomes of two individuals who are *not* legally married.
Thanks!
--- Steve
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
This is a potential abuse of HDFCs. We would never consider allowing a partner (whether legal or otherwise) to purchase a separate apartment. Many times people try to buy an apartment in our building and only put down the name of one applicant so they can qualify income-wise, but it's easy to find out that this is bogus. HDFCs have strict income guidelines and they should be adhered to.
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Hi MaryM - Thanks for your thoughts on what is included as "income" for the purpose of HDFC residency. I did a little research, and found an official NYC Department of Housing Preservation and Development booklet from April, 2018, that provids a definition of "family" when calculating income limits.
On page 5-1, the definition of a family is, "A husband, wife, son, daughter, unborn child (pregnancy must be documented), stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law or any other family member or person for whom the head of household can prove legal guardianship or a relationship based on dependency, blood, marriage or domestic partnership."
So the answer to the OP's original question is as MaryM stated. The OP might want to download the booklet because it contains a lot of information about HDFC rules and regulations.
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Introduce yourself to other members of Board Talk! Log in below or register here.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Habitat U: learn about how to manage a building, and what you should know as a co-op or condo board member.
Search, by word or phrase, all magazine articles from January 2002 to present. You may print or email your results. Print subscribers receive free access to the Habitat Article Archive.
Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments
Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise
Got elected? Are you on your co-op/condo board?
Then don’t miss a beat! Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier!
The answer is yes.
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.