N.Y. Comp. Codes R. & Regs. tit. 9 § 1642-4.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1642-4.2 - Pro rata rent schedule

(a) Generally speaking, with respect to State-aided projects, all dwelling rents are payable monthly and are due on the first of each calendar month. Incoming tenants are ordinarily required to sign a lease agreement covering the dwelling unit to be occupied having a term of one month beginning on the first day of the month and ending on the last day of the month and containing a provision requiring the tenant to give the local agency one full month's notice of intent to vacate. Changes in tenancy may, however, occur on other than the first or last days of the month. For accounting purposes, therefore, the initial and final charges to the tenant will be determined by the effective date of tenancy (for incoming tenants) and by the charge-through date (for outgoing tenants), as determined by local agency policy. These dates will not necessarily be the same as the lease dates or the dates the tenant actually occupies or vacates the dwelling unit. The latter dates are referred to, respectively, as the move-in and move-out dates. The effective date of tenancy and the charge-through, move-in, and move-out dates shall be recorded on the individual tenants ledger sheet.

(b) For the purpose of readily determining the amount of rentals chargeable against tenants moving into a dwelling unit, where the effective date of tenancy is other than the first day of the month, or against tenants vacating a dwelling unit where the charge-through date is other than the last day of the month, the local agency shall establish pro rata rent schedules for 28-, 29-, 30-, and 31-day months covering each anticipated basic rent charge in the dwelling rent schedule. Similar pro rata rent schedules should be established, where possible, for each anticipated rent surcharge. Where such is not possible, the rent surcharge for a fractional part of a month shall be computed on the same principles as are employed in constructing a pro rata schedule. In preparing a pro rata rent schedule, a daily rental rate is first determined by dividing the monthly rental charge by the number of days in the month, carrying the figure out to five decimal places. The proportionate rental for a fractional part of a month is then determined by multiplying the daily rental rate by the number of days in the fraction. A specimen pro rata rent schedule for a 30-day month follows:

Pro Rata Rent Schedule for Fractional Parts of a 30-day Month

Basic monthly rent
Day of month	No. of days	13.25	15.25	17.95	19.95
1	30	13.25	15.25	17.95	19.95
2	29	12.81	14.74	17.35	19.29
3	28	12.37	14.23	16.75	18.62
x x x x x x x
29	2	.88	1.02	1.20	1.33
30	1	.44	.51	.60	.67

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1642-4.2