HPD Reasonably Ruled that Housing Applicant Was Over-Income

HPD denied the application of prospective tenant for middle-income housing after finding that tenant had excessive household income and therefore didn't qualify. Tenant filed an Article 78 court appeal of HPD's decision. The court ruled against tenant, who appealed and lost. HPD's decision was consistent with governing marketing guidelines. It was also rational for HPD to project wage income from a company 99 percent owned by tenant, using two years of W-2 tax forms supplied by tenant, and using tenant's accountant's current-year projection to estimate the amount of business income anticipated. The fact that tenant's company reached a different conclusion from HPD as to tenant's estimated 2015 household income didn't render HPD's finding arbitrary or capricious.

Garanin v. HPD: Index No. 9183-160880/16, 2019 NY Slip Op 03471 (App. Div. 1 Dept.; 5/2/19; Sweeny, JP, Gische, Webber, Kahn, Moulton, JJ)