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Three-Day Notice NY:Paid Rent not Late Fees?

My tenant has been late paying rent 4 times over the last 8 months.  He eventually pays the rent 5 days after the late fee period has begun and only pays the rent,  no the late fee.   After the latest episode,  I sent him a three-day demand letter for immediate payment of the rent and late fees. He paid the rent 1 day before the end of the demand notice deadline but didn't pay any of the 4 months late fees. Can I only get the late fee returned by deducting from the security deposit?  This is for NY state.
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