N.Y. Comp. Codes R. & Regs. Tit. 9 § 2202.24 - Retroactive adjustments
Where an order establishing or adjusting a maximum rent, or the portion thereof collectible from a particular tenant, is effective as of a date prior to the date of its issuance:
(a) Any rent to which the landlord shall be
entitled for such prior period shall be payable by the tenant in installments,
except that a tenant who vacates the premises when rent for such prior period
has not been fully paid shall be obligated to pay the balance forthwith. The
installment of back rent payable for each month (or other rental payment
period) shall not exceed the difference per month (or other rental payment
period) between the rent established by the order and the prior rent.
(b) Any excess rent paid by the tenant for
such prior period shall be credited to the tenant in full, commencing with the
rental payment immediately following the issuance of the order.
Notes
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