§ 52-13 Capital Assessments and Voluntary Capital Contributions for Certain DRIE Beneficiaries.
RCNY § 52-13
(a)Capital Assessments.
(1)A DRIE beneficiary who resides in a 467-c apartment has an exemption from an increase in maximum rent attributable to a capital assessment or voluntary capital contribution.
(2)A DRIE beneficiary is responsible for paying gas and electric charges if their apartment is a 467-c apartment.
(3)A DRIE beneficiary is responsible for paying increases in capital assessments or voluntary capital contributions if they resides in an apartment in a building which is or was subject to a mortgage insured or initially insured by the federal government pursuant to section 213 of the National Housing Act.
(b)Transfer of Shares. If A person receiving DRIE benefits who resides in a 467-c apartment later transfers their shares in such housing company they are required to pay over to such housing company, or such housing company shall be entitled to deduct from the amount to be paid to such person for the sale of such shares, all amounts covered by such rent increase exemption order/tax abatement certificate which are attributable to such capital assessment or voluntary capital contribution. Such housing company shall not approve the transfer of shares unless it has received the payment required by the preceding sentence or made the authorized deduction. Such housing company shall remit such amount to the commissioner of finance within 90 days of the collection thereof. Payments due to the city in accordance with this section shall be deemed a tax lien and may be enforced in any manner authorized for the collection of delinquent taxes on real property. Notification and documentation of any transfer of shares by an eligible head of household who has received a DRIE subsidy under this chapter shall be provided in writing to the Department by the affected housing company immediately upon the closing date of such transfer except in cases involving a succession of rights claim, in which case, notification shall be made in writing within 5 days of approval of the succession claim. The housing company shall be entitled to deduct from the amount to be paid to the head of household for the sale of such shares all amounts previously covered by a DRIE subsidy which are attributable to a capital assessment or voluntary capital contribution. Where there is a transfer of shares through succession rights and where the successor is not entitled to a DRIE subsidy under this chapter, the affected housing company shall be entitled to receive a payment from the successor in an amount equal to all DRIE subsidies attributable to a capital assessment or voluntary capital contribution.
(c)DRIE Subsidy Notice. A housing company which imposes a capital assessment or voluntary capital contribution shall provide notice to all persons affected by such capital assessment or voluntary capital contribution of the potential availability of a DRIE subsidy pursuant to these rules. Such notice shall be included in the notice to such person of the imposition of such capital assessment or capital contribution. (Added City Record 5/14/2021, eff. 6/13/2021)
