In Noman v. Management, West 31st Street Apartments (52 AD3d 209 [1st Dept 2008]) the petitioner was an applicant to a similar apartment in a 80/20 building which was also marketed and rented by SHF. He asserted that calculating his income based on his current pay stubs was flawed, and that respondents should have used his tax returns or historical income as a way to accurate determine his eligibility. The lower court denied respondents' motion to dismiss the proceeding in its entirety and respondents were ordered to recalculate petitioner's income. The appellate court reversed the decision and stated that the way respondents calculated the applicant's income (based on the last eight pay stubs) was rational. In Noman, petitioner did not want his current income annualized and wanted to base his eligibility on past tax returns.