Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 26-608?

Quick Answer

This section mandates that housing companies and landlords provide appropriate rent credits to eligible households upon receipt of a rent increase exemption order or tax abatement certificate. It establishes penalties for collecting amounts that should be credited, classifying such actions as rent overcharges. Applies to landlords and housing companies managing applicable properties.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 26-608 Credit allowances; penalties for overcharge.

AC § 26-608

Upon receipt of a copy of a rent increase exemption order/tax abatement certificate, the housing company managing the dwelling unit or the landlord of the dwelling unit within an applicable battery park city property of the eligible head of the household shall promptly accord to the eligible head of the household covered by such order / certificate the appropriate credit against the monthly maximum rent then and thereafter payable. To the extent the full amount of such credit has not been accorded for any past period since the effective date specified in the order / certificate, the housing company or landlord shall credit the total aggregate amount not so credited to the monthly maximum rent next payable or to such subsequent monthly maximum rents, as the supervising agency may authorize. It shall be illegal to collect any amount for which a rent increase exemption order / tax abatement certificate provides credit or to withhold credit for any such amounts already collected, and collection or retention of any such amount for a dwelling unit occupied by such eligible head of the household shall be deemed a rent overcharge, and upon conviction therefor the housing company and its directors and any employee and any agent responsible therefor or the landlord and any employee and any agent responsible therefor shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or both. (Am. L.L. 2023/109, 7/23/2023, retro. eff. 12/15/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/109.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 26-608?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters