Tenants Claim DOF Policies Prevented Renewal of DRIE Benefits

Eight disabled New York City tenants enrolled in, or eligible for enrollment in, NYC’s Disability Rent Increase Exemption (DRIE) program sued the Department of Finance (DOF), claiming that DOF administered the program in violation of the Americans with Disabilities Act (ADA) and their constitutional right to due process. Tenants sought to make the case a class action. The court ruled for tenants on this point and granted class certification. There were up to 18,177 individuals who could be eligible for relief in the action. Tenants claimed that DOF’s policies, practices, and procedures deprived them of a meaningful opportunity to request and receive deadline extensions for renewal of their benefits and that their disabilities made them unable to comply with those deadlines.

Pfeffer v. NYC Department of Finance: Index No. 15 CV 3547, NYLJ NO. 1202770030662 (EDNY; 10/18/16; Dearie, DJ)