Disability Rent Increase Exemption (DRIE)

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	Disability Rent Increase Exemption (DRIE) Information for Tenants The Disability Rent Increase Exemption program, referred to as "DRIE", was enacted in 2005 to protect eligible renters who have disabilities from being priced out of their apartments as rents increase. Eligibility Requirements Level of Benefit Notification of DRIE Eligibility Recertification Process Adjustment to Abatement Forms and Publications The Appeals Process Contact Us DRIE Information for Building Owners and Landlords Learn about this and other programs available through Access NYC Eligibility To determine whether an applicant qualifies for DRIE, the Department of Finance will look at five criteria for each DRIE applicant: (1) Does the applicant rent an eligible apartment? For purposes of DRIE eligibility, the applicant must live in one of the following types of apartment buildings: (a) regulated by the Division of Housing and Community Renewal (i.e., rent-controlled or rent-stabilized apartments); (b) a Mitchell Lama development; (c) building owned by a limited dividend housing company, redevelopment company, or housing development fund company incorporated under the private housing finance law; or (d) Cooperative Housing organized under Section 213 of the National Housing Act. (2) Is the applicant the adult head of household (18 years of age or older) and named on the lease or the rent order? Is the applicant either the tenant of record, or the spouse or registered domestic partner with a disability of the person holding the lease or rent order? The applicant with a disability must be the adult head of household (18 years of age or older) and named on the lease or rent order or otherwise be a tenant of record for the apartment. The spouse or registered domestic partner with a disability of the person holding the lease, rent order or of a tenant of record is also eligible. The tenant of record may be a spouse, registered domestic partner, or adult child who has attained the right of succession to the apartment when the leaseholder has moved or died. (3) Does the applicant receive eligible state or federal disability-related financial assistance? The applicant must currently receive any one of the following forms of financial assistance to be eligible for DRIE: Federal Supplemental Security Income (SSI); Federal Social Security Disability Insurance (SSDI); US Department of Veterans Affairs disability pension or compensation; or Disability-related Medicaid (if the applicant has received either SSI or SSDI in the past.) (4) Does the applicant meet the program's income eligibility requirement? For households of one, the applicant's total household income for the last calendar year must have been less than or equal to $18,396 per year. For households with two or more members, the total household income of all financial contributors must be less than or equal to $26,460 for the last calendar year. (5) Does the applicant pay more than one-third of his/her household's aggregate disposable income on rent? To qualify for the DRIE benefit, rent must be more than one-third of your household's income. For detailed information on DRIE eligibility, please see the Instructions for the DRIE application. Download Application & Instructions (276k) [back to top] Requirements To Apply for DRIE: Mail or fax your completed DRIE application, a copy of your current lease/rent order, and a copy of your previous lease/rent order to: NYC Department of Finance, Attention: DRIE 59 Maiden Lane - 19th Floor New York, NY 10038 Fax: (212) 232-1678 For help in completing the DRIE application, contact the Mayor's Office for People With Disabilities (MOPD) at: www.nyc.gov/mopd and click on Contact MOPD on the left sidebar, or at: 100 Gold Street, 2nd Floor New York, NY 10038 Tel (212) 788-2830 Fax (212) 341-9843 TTY (212) 788-2838 For assistance completing a DRIE application, contact the Mayor's Office for People with Disabilities. When to Apply: Rent stabilized tenants who are in the first lease of their apartment cannot apply for the DRIE benefit until they receive a renewal lease or other eligible increase. Rent stabilized tenant's who apply for the DRIE benefit during the first lease of their apartment will be denied and will have to apply again when they receive a signed renewal lease. Tenants in Mitchell-Lama, Limited Profit, Limited Dividend, Redevelopment, HDFC, and Section 213 Housing may apply at any time. If a tenant applies within 120 days of the date of a rent increase and is approved for DRIE, the DRIE benefit will be retroactive to the date of the increase. If Finance received the DRIE application more than 120 days after the date of the rent increase, however, the DRIE benefit will not be retroactive. If you move to a new apartment: If you have been approved for the DRIE benefit, and you move to a new eligible apartment, you may be entitled to the DRIE benefit based on your most recent Tenant Approval Order. You must notify the DRIE Unit to determine whether your new apartment is eligible and, if it is, Finance must determine your new rent freeze amount, if any, and your new landlord's tax abatement credit. Use the regular DRIE application and submit it with a copy of your most recent Tenant Approval Order, your new lease/rent order and a note indicating that you had DRIE at your prior address. [back to top] Level of Benefit DRIE benefits for rent stabilized and rent controlled tenants will take effect on the first day of the month following the month in which Finance received the tenant's application. DRIE benefits for eligible tenants/shareholders residing in buildings that are Mitchell Lama developments, Limited Dividend Housing companies or housing development fund companies incorporated under the private housing finance law, or buildings where the mortgage was federally insured under Section 213 of the National Housing Act may take effect retroactively to the first date of the increase. Rent-stabilized apartments: Eligible tenants will have their rent frozen at the level of their prior lease. Rent-controlled apartments: Eligible tenants who applied for DRIE by December 31, 2007 will have their rent frozen at the amount they were paying on December 31, 2006. Eligible tenants who apply for DRIE in 2008 will have their rent frozen at the amount they were paying on December 31, 2007. [back to top] Notification of DRIE Eligibility All DRIE applicants will receive written notification of their DRIE approval or denial. DRIE approvals will include the rent amount that has been frozen and the date that the rent freeze is effective. If you have not received notification from Finance that you have been approved for DRIE and you receive a new lease or notice of rent increase, you should sign the lease and you must pay the rent increase. Then, when you are approved for DRIE, your rent will be frozen at a lower rate effective the first day of the first month after Finance received your application. Your landlord will owe you the difference between the DRIE-approved rent level and the rent you paid under the new lease from the DRIE effective date [back to top] Renewal/Recertification of DRIE Approval When you have been approved for DRIE, and your rent is frozen, you do not have to reapply for DRIE unless you move. However, you must "recertify" or renew your DRIE benefit every two years or at the end of each lease renewal whichever occurs first. This renewal/recertification lets Finance know that you still qualify for the DRIE benefit and that there may be a change to the abatement credit given to your landlord because there has been an increase in your rent. Please complete the Renewal/Recertification form every two years or at the end of each lease renewal, which ever occurs first. In order to recertify, please complete the Renewal/Recertification Form and send to Finance with a copy of the new lease or rent order. You must submit this form to keep your information current and to ensure that your DRIE benefit continues. Adjustment to Abatement This form should be used by tenants who are presently receiving a DRIE benefit and who want to apply for an adjustment due to a rent increase caused by a fuel cost adjustment, MCI (major capital improvement), or J-51 reduction. In any of these situations, please complete the Adjustment to Abatement form and send it to Finance with a copy of the notice of adjustment that you received from your landlord or managing agent. [back to top] Forms and Publications Application for Disability Rent Increase Exemption (DRIE) Download Form (93.7k) Disability Rent Increase Exemption Renewal / Recertification (DRIE) Download Form (38.6k) Disability Rent Increase Exemption Adjustment to Abatement Download Form (70.9k) Application for Appeal of the Disability Rent Increase Exemption Determination (DRIE) (by tenant or property owner) Download Form (80.9k) [back to top] The Appeal Process Applicants who are denied DRIE or who disagree with the Department's Approval Order (the rent freeze amount, benefit period etc.) may appeal Finance's decision. Submit the Application for Appeal of the Disability Rent Increase Exemption within 60 days of the date on Finance's notification of DRIE denial. The Application for Appeal instructions lists the required documentation to support an appeal. [back to top] Contact Us For assistance completing a DRIE application e-mail the Mayor's Office for People with Disabilities or call them at 212-788-2830 (TTY: 212-788-2838). For information on the status of a submitted DRIE application or appeal form, e-mail Finance or call the DRIE unit at 212-487-6736. You may also call 311 or contact the Mayor's Office for People with Disabilities in writing: 100 Gold Street, Second Floor New York, NY 10038 Telephone: 212-788-2830 [back to top]

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