[regulations of the Boston Rent Equity Board] No. 8

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If the maximum rent as adjusted (above) is below the percentage increase allowed, a Class A or Class B Vacancy Decontrolled Tenant, the Board shall order reduction of rent to the increase allowed such tenant as the maximum rent effective on the date established by the landlord's notice of rent increase.
c. The Board shall further order that any overpayment of rent shall be refunded, credited, or otherwise resolved to the satisfaction of all parties within thirty (30) days of the date of the Boa
...rd's decision.
Allocation of Expenses: Less than Twenty-Four Consecutive Months Of Income Expense Analysis a. Where a landlord or managing agent in good faith is unable to provide twenty-four (24) consecutive months of income and expense analysis as required under Section 10(E)(1) the Board may pro-rate annual income and expenses if a minimum of six consecutive months of income, expenses and proof of prudence as required under Section 10(E)(2) is provided to the Board.
b. The Board may adjust the allowable percentage increase (either C.P.I, or 12 1/2 percent) to coincide with the actual months reported income and expenses, not to include, more than twelve (12) months immediately prior to the Boards acceptance of a Tenants Greivance Petition, or any amount prior to the earliest month of income and expenses as reported by the landlord whichever month is later.


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