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Domestic Partnership and HDFC Income RestrictionsNov 16, 2018

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?

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HDFC Income Guidelines - marym Nov 17, 2018

The answer is yes.

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Domestic Partnerships vs Marriage - Steven424 Nov 18, 2018

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 Hasn't it been superseded by the right to marry?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

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HDFC Income Rstrictoins - marym Nov 19, 2018

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.

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HDFC definition of "Family" - Steven424 Nov 19, 2018

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.

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