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
Renewal/Recertification Process
Adjustment to Abatement
Forms and Publications
The Appeals Process
DRIE Information for Building Owners and Landlords
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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 (must be Military service-related 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 Calendar Year 2009

Income eligibility is established by the applicant’s income from calendar year 2008.  For a single-person household, the applicant’s total household income must be less than or equal to $19,284.  For households with two or more members, the income of all household members must be less than or equal to $27,780. 

For detailed information on DRIE eligibility, please see the Instructions for the DRIE application.
Download Application & Instructions

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Requirements

To Apply for DRIE: Mail or fax your completed DRIE application, along with the following applicable documents:

For Proof of SSI, SSDI or Veteran's Disability Pension/Compensation: Submit a copy of your award letter(s).

For Proof of Residence/Apartment: Use the following table

If you live in a...	You must submit...
Rent Stabilized Apartment	Renewal Leases – The prior and current one or two year lease signed by you and your landlord Preferential rent rider (if applicable) Low Income Housing Tax Credit (LIHTC) or 80/20 or 60/40 rider (if applicable) OR DHCR Rent History
Rent Controlled Apartment	Notice of Maximum Collectible Rent (Form # RN – 26) for prior year Notice of Maximum Collectible Rent (Form # RN – 26) for current year Owner’s report and Certification of Fuel Cost Adjustment (form # R33.10) for prior and current year
Mitchell-Lama, Limited Dividend, Redevelopment	Housing Preservation & Development (HPD) or Division of Housing & Community Renewal (DHCR) Commissioner’s Order Rent History detail for the month prior to the most recent base charge/rent increase to present Affidavit of Household Income for the prior year
Housing Development Fund Company (HDFC)	A Notice of Rent / Carrying Charge Increase signed by the HDFC Management OR Signed renewal lease (if applicable)
Hotel-Stabilized Apartment	DHCR annual apartment registration for prior and current year Signed Rent increase letter from the Management or Owner OR DHCR Rent History

Mail application and documents to:

NYC Department of Finance, Attention: DRIE
59 Maiden Lane - 19th Floor
New York, NY 10038
Fax: (212) 232-1757

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.

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

You may also call 311.

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.

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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, 2008 will have their rent frozen at the amount they were paying on December 31, 2007. Eligible tenants who apply for DRIE in 2009 will have their rent frozen at the amount they were paying on December 31, 2008.

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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

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Renewal/Recertification of DRIE Approval
When you have been approved for DRIE, and your rent is frozen, you must recertify or renew your DRIE benefit at the end of your benefit period indicated on your DRIE Order of Approval. 

This renewal/recertification lets Finance know that you still may be eligible 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.

In order to recertify, please complete the Renewal/Recertification Application 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.

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Forms and Publications

Application for Disability Rent Increase Exemption (DRIE)
 Download Form (93k)

Disability Rent Increase Exemption Renewal / Recertification (DRIE)
 Download Form (32k)

Disability Rent Increase Exemption Adjustment to Abatement
 Download Form (31k)

Application for Appeal of the Disability Rent Increase Exemption Determination (DRIE)
(by tenant or property owner)
 Download Form (86k)

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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.

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