Fact
Sheet #20 - Special Rights of Disabled Persons
Introduction
- Rights for Disabled Persons
The law grants certain protections for disabled persons who occupy rent
regulated housing with regard to protection from eviction and exemption from
rent increases. These protections are described below.
Eviction Protections for Disabled Tenants
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An owner cannot evict a disabled tenant or the spouse of a disabled tenant
from rent stabilized apartments in NYC for the purpose of owner occupancy
unless the owner provides an equivalent or superior apartment at the
same or lower rent in an area near the tenant's present apartment.
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An owner cannot evict a disabled tenant from rent stabilized apartments
outside NYC and rent controlled apartments statewide for purposes of
owner occupancy.
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If a building is being converted to cooperative or condominium ownership
under a legal Eviction Plan, rent stabilized tenants who are eligible
disabled persons may refuse to purchase their apartments and remain in
occupancy as fully protected rent stabilized tenants with lease renewal
privileges. Rent controlled tenants are similarly protected.
The tenant's disability must be certified as of the date
of the New York State Attorney General accepts the Eviction Plan for filing.
To take advantage of this benefit, an eligible disabled person in New York
City must elect, on forms provided by the Attorney General, to become a "non-purchasing" tenant
within 60 days of the date that the Final Offering Plan is presented
to the tenants. Outside NYC, there is no formal election requirement.
For the purposes of these protections, disabled persons are tenants and/or
spouses of tenants who have an impairment resulting from anatomical, physiological
or psychological conditions demonstrable by medically acceptable clinical
and laboratory diagnostic techniques that are expected to be permanent, and
prevent the tenant from engaging in any substantial, gainful employment.
Rent Increase Protections for Disabled Tenants DRIE in New York City
DRIE in New York City
In New York City, a tenant may apply, if eligible, for a Disability Rent
Increase Exemption (DRIE).
The applicant with a disability must be named on the lease for the rent-regulated
or cooperative/condominium apartment (where the mortgage is or once was federally
insured under Section 213 of the National Housing Act).
For the purposes of qualifying for DRIE, a rent-regulated apartment includes
apartments subject to rent stabilization, rent control, Mitchell-Lama regulations,
and the New York City Department of Housing Preservation and Development's
Division ofAlternative Management Programs (DAMP).
If a tenant qualifies for this program, such tenant is exempt from:
Future rent guidelines increases, Maximum Base Rent increases, fuel cost
adjustments, increases based on the owner's economic hardship, or Major Capital
Improvements. However, the tenant must pay any additional security deposit
that would be required as a result of these types of increases.
Tenants receiving a Disability Rent Increase Exemption (DRIE) may choose
a one-or-two-year lease renewal.
NYC disabled tenants may also carry this exemption from one apartment to
another when moving, upon the proper application being made to the New York
City Department of Finance, DRIE Unit.
Eligibility requires that such tenant is a recipient (or former recipient,
as described below) of benefits from any of the following programs:
a) Social Security Disability Insurance (SSDI) or Supplemental Security
Income (SSI) under the Federal Social Security Act;
b) Disability Pension or Disability Compensation benefits as provided by
the United States Department of VeteranAffairs; or
c) Medical Assistance benefits pursuant to NY State Social Law, and a former
recipient of SSDI or SSI benefits.
The aggregate disposable income (for all members of the household residing
in the housing accommodation whose head of the household is a person with
a disability) for the applicable income tax year cannot exceed the maximum
income eligible for SSI benefits under federal law. However, an increase
in SSI benefits which take effect after the eligibility date of DRIE benefits
is not included in the aggregate disposable income.
To apply for DRIE, the tenant of a NYC rent controlled or rent stabilized
apartment must file an application with:
NYC Department of Finance DRIE UNIT
59 Maiden Lane, 19th Floor
New York, NY 10038
(212) 487-6736
For assistance in completing the DRIE application, tenants may contact New
York City's Citizen Service Center by dialing 311. For the hearing impaired,
the TTY number is (212) 504-4115. Assistance may also be obtained by contacting
the Mayor's Office for People with Disabilities, located at 100 Gold Street,
2nd Floor, New York, New York 10038. Tel: (212) 788-2830, TTY: (212) 788-2838.
DRIE - Outside New York City
DHCR is currently awaiting information on whether the DRIE program will
be adopted by localities in Nassau and Westchester Counties.
DHCR Services
The Central Office of the Office of RentAdministration at Gertz Plaza, 92-31
Union Hall Street, Jamaica, NY and the Borough and County Rent Offices are
totally accessible buildings, including the bathroom facilities. Staff members
at all Rent Offices are available to assist visually-impaired persons with
forms and other printed materials. With advance notification, staff members
can also provide assistance for tenants and owners with hearing impairments,
or serious mobility problems. If a hearing-impaired person is a party or
a witness at a hearing before the Division of Housing and Community Renewal
(DHCR), DHCR will provide a signer to interpret the proceedings.
Sources:
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 6/5/08
RGB page updated 7/30/08
