Disability Rent Increase Exemption (DRIE) Information for Building Owners and Landlords
Forms and Publications
DRIE Information for Tenants
Notification of a Tenant's DRIE Eligibility
All building owners or their managing agents will receive written notification of the DRIE approval of a tenant in their building. When a tenant is approved for the DRIE benefit, the benefit goes into effect on the first day of the month immediately following the month in which Finance received the tenant's DRIE application. The notification letter that a tenant has been approved for DRIE will show the tenant's frozen rent, the effective date of the rent freeze, the credit received for that tenant, and the total credit for the benefit period.
Building owners or their managing agents can see their total DRIE credits on a DRIE Statement of Account, mailed semi-annually or quarterly.
Tenant Overpayment
Since DRIE benefits begin on the first day of the month after Finance receives the tenant's application, a tenant may pay rent for one or more months before receiving notification of DRIE benefit. If DRIE approval includes a rent rollback to the rent paid under a previous lease, the owner owes the tenant a refund of the difference between the DRIE-approved rent and the rent that the tenant paid prior to Finance notification of DRIE benefit.
DRIE Tenant Eligibility Information
Building Owner's Abatement Credit
A building owner with DRIE tenants generally receives a dollar-for-dollar abatement credit equal to the difference between the legal rent and the rent that the DRIE tenant will be paying due to the rent freeze.
The tax abatement is credited to the building on a semi-annual or quarterly basis. For example, if your annual credit for a DRIE tenant is $200, you will see a semiannual credit of $100 or a quarterly credit of $50 on each of the Statements of Account for that building.
Refunds for Excess DRIE Credits
If there is a credit remaining after a building's DRIE credits are applied toward the building's property tax, or if the owner receives the DRIE credits after paying (or having the bank or mortgage company pay) the building's property tax, the owner may request that the excess DRIE credit be refunded by completing a Property Refund Request.
The Appeal Process
A landlord who believes that a tenant does not qualify for the DRIE benefit may appeal that tenant's DRIE approval. The appeal must be based on the grounds that the DRIE applicant:
- Does NOT live in an apartment eligible under the law.
- Is not named on the lease or rent order and is not the tenant of record or the disabled spouse of either.
Landlords must complete and submit the DRIE Appeal Form within 60 days of receiving Finance notification of tenant's eligibility and submit it with all required documentation to support the appeal. (Documentation is explained in Instructions to the Appeal Form).
When a landlord files an appeal, he/she must also notify the tenant, in writing, that the appeal has been filed and the reason for the appeal.
Forms and Publications
Property Refund Request
Download Form (39k)
Request a refund online
Application for Appeal of the Disability Rent Increase Exemption Determination (DRIE)
(by property owner or tenant)
Download Form (86k)
Disability Rent Increase Exemption (DRIE) FAQ
(Answers to the Most Frequently Asked Questions)
Download English Brochure (37k)
Download Chinese-Language Version (501k)
Download Russian-Language Version (307k)
Download Spanish-Language Version (268k)
A Landlord's Guide to DRIE
(The Disability Rent Increase Exemption)
Download Brochure (329k)
For information on the status of an
appeal:
Contact the Legal Affairs Division - DRIE Appeals
Board
Write to us:
New York City Department of Finance
Legal
Affairs Division - DRIE Appeals Board
345 Adams Street, 3rd
Floor
Brooklyn, New York 11201
