(5) The upward general adjustment in rent ceilings granted in this order does
not automatically provide for a rent increase. Rent increases pursuant to this order shall
become effective only after the landlord gives the tenant(s) notice in accord with state
law. Where a new tenancy is established on or after October 1, 1991 the increase may
be imposed as a term of the new tenancy, without the necessity for a separate notice.
Prior to January 1, 1992, increase amounts may be calculated and the increase
imposed without prior action by the Board, provided that:
(a) The rental amount shall be subsequently reduced if necessary to
equal the amount stated in subsequent notice given by the Board:
(b) The landlord agrees that, if subsequent notice given by the Board
provides for a smaller increase amount, the tenant may withhold the amount overpaid
from future payments of rent, without further Board action; and
(c) In any case where a tenant gives notice to the landlord and the
Board, consistent with Regulation 1274 and this regulation, that Regulation 1274(C)
applies to limit the amount of the increase, the amount of the increase prior to January
1, 1992 and the amount of the increase on and after January 1, 1992 shall be limited
pursuant to the applicable provisions of Regulation 1274(C)(1).