Disability Rent Increase Exemption (DRIE)

Information for Tenants

The Disability Rent Increase Exemption (DRIE) Programs offer eligible tenants an exemption from rent increases which may result in a reversion to rent paid under a previous lease or rent order. The owner of the building receives a corresponding credit against their real estate taxes from the City of New York.  Applicants must meet ALL of the eligibility requirements.

Eligibility
Requirements
Level of Benefit
Notification of DRIE Eligibility
Renewal/Recertification
Forms & Publications



DRIE  Eligibility 

For DRIE eligibility, applicants must:

1. Rent an apartment that is (a) regulated by the Division of Housing and Community Renewal (i.e. rent-controlled or rent stabilized apartments); (b) a Mitchell Lama apartment or co-op; (c) owned by a limited dividend housing company, redevelopment company or housing development fund company incorporated under the private housing finance law; or (d) Section 213 Cooperative Housing Companies;
   
2. Be the adult head of household (18 years of age or older) named on the lease or rent order, be the tenant of record, be the spouse or registered domestic partner with a disability or either of the above. Tenants of record must have attained and exercised their legal rights of succession to the apartment when the leaseholder vacates the apartment either by moving or death;
   
3. Receive eligible state or federal disability-related financial assistance;
   The applicant must currently be receiving any one of the following forms of financial assistance:
   • Federal Supplementary 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. For a single-person household, the applicant's total household income must be less than or equal to $19,860. For households with two or more members, the income of all household members must be less than or equal to $28,668.
   
5. Pay more than one-third of the household's aggregate disposable income for rent.

[back to top]

DRIE Requirements

To Apply for DRIE: Mail your completed Disability Rent Increase Exemption application, along with the following applicable documents. For Proof of Residence use the following table:

For information on the status of your DRIE application, please 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.

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 apply for DRIE by December 31, 2012 will have their rent frozen at the amount they were paying on December 31, 2011. 

[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 the rent freeze is effective. If you have not received notification from Finance of your DRIE approval, and you receive a new lease or notice of rent increase, you should sign the lease and 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.

Renewal/Recertification of DRIE Approval
When you have been approved for DRIE, and your rent is frozen, you must 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 renew your DRIE benefit, you must complete the Renewal/Recertification Application and send it to Finance with all required documents.  We will send you a renewal reminder 60 days before the expiration of your DRIE benefit. You can also obtain the Renewal/Recertification Application from our website, or by calling 311. Please remember that your DRIE benefit will not be renewed if you do not a Renewal/Recertification Application within six months of your DRIE benefit expiration.

If there is a death in the household resulting in a permanent loss of 20 percent or more of income to a qualifying member of the DRIE applicant’s benefits, the surviving tenant should inform Finance in writing to request a redetermination. 

Adjustment to Abatement
The Adjustment to Abatement 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.

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]

Forms, Publications and FAQs
Forms & Publications

DRIE Online Application available through ACCESS NYC
 File DRIE Application Online

Related Information
DRIE General Information
DRIE Information for Building Owners and Landlords
Exemptions and Abatements for Residential Property

[back to top]