State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1717

§ 15-1717. Provisions  for  the  revision  and  readjustment  of rent in               licenses.    1. The annual charge or rental fixed by the department shall  continue  for  the  period  of  the  license,  unless  the  license provides for a  readjustment of the charge or rental at a specified time  or  times,  in  which case the charge or rental, as fixed by the license, may be revised  and  readjusted by the department according to the terms of the license.  Payments on account of any such charge or rental shall be treated  as  a  part of the operating expense.    2.  The licensee shall be given ten days' notice of the time and place  of the meeting of the department at which the question of  the  revision  and  readjustment  of  such  charge  or rental will be considered.   The  revision and readjustment shall be in the form of a  resolution  adopted  by  the  department and thereafter, the revised and readjusted rental or  charge, unless reviewed and reversed or  modified  as  herein  provided,  shall apply to and govern the license.    3.  Any  such decision may be reviewed by the licensee pursuant to the  provisions of section 15-0905.    4. Pending the final determination  of  the  review  proceedings,  the  licensee  shall  pay  to  the state the revised and readjusted rental or  charge as fixed by the department; and if it shall  be  determined  that  the rental or charge shall be revised, the licensee shall be credited on  later  payments  with  any  excess he may pay over the rental as finally  fixed, with interest. If the credits be  insufficient  to  satisfy  such  excess, the licensee may recover the balance in the Court of Claims.

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1717

§ 15-1717. Provisions  for  the  revision  and  readjustment  of rent in               licenses.    1. The annual charge or rental fixed by the department shall  continue  for  the  period  of  the  license,  unless  the  license provides for a  readjustment of the charge or rental at a specified time  or  times,  in  which case the charge or rental, as fixed by the license, may be revised  and  readjusted by the department according to the terms of the license.  Payments on account of any such charge or rental shall be treated  as  a  part of the operating expense.    2.  The licensee shall be given ten days' notice of the time and place  of the meeting of the department at which the question of  the  revision  and  readjustment  of  such  charge  or rental will be considered.   The  revision and readjustment shall be in the form of a  resolution  adopted  by  the  department and thereafter, the revised and readjusted rental or  charge, unless reviewed and reversed or  modified  as  herein  provided,  shall apply to and govern the license.    3.  Any  such decision may be reviewed by the licensee pursuant to the  provisions of section 15-0905.    4. Pending the final determination  of  the  review  proceedings,  the  licensee  shall  pay  to  the state the revised and readjusted rental or  charge as fixed by the department; and if it shall  be  determined  that  the rental or charge shall be revised, the licensee shall be credited on  later  payments  with  any  excess he may pay over the rental as finally  fixed, with interest. If the credits be  insufficient  to  satisfy  such  excess, the licensee may recover the balance in the Court of Claims.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-15 > Title-17 > 15-1717

§ 15-1717. Provisions  for  the  revision  and  readjustment  of rent in               licenses.    1. The annual charge or rental fixed by the department shall  continue  for  the  period  of  the  license,  unless  the  license provides for a  readjustment of the charge or rental at a specified time  or  times,  in  which case the charge or rental, as fixed by the license, may be revised  and  readjusted by the department according to the terms of the license.  Payments on account of any such charge or rental shall be treated  as  a  part of the operating expense.    2.  The licensee shall be given ten days' notice of the time and place  of the meeting of the department at which the question of  the  revision  and  readjustment  of  such  charge  or rental will be considered.   The  revision and readjustment shall be in the form of a  resolution  adopted  by  the  department and thereafter, the revised and readjusted rental or  charge, unless reviewed and reversed or  modified  as  herein  provided,  shall apply to and govern the license.    3.  Any  such decision may be reviewed by the licensee pursuant to the  provisions of section 15-0905.    4. Pending the final determination  of  the  review  proceedings,  the  licensee  shall  pay  to  the state the revised and readjusted rental or  charge as fixed by the department; and if it shall  be  determined  that  the rental or charge shall be revised, the licensee shall be credited on  later  payments  with  any  excess he may pay over the rental as finally  fixed, with interest. If the credits be  insufficient  to  satisfy  such  excess, the licensee may recover the balance in the Court of Claims.