Bill Text: NY A04398 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires a landlord to return to a tenant the full security deposit within thirty days of the surrender of the premises by such tenant unless the landlord provides such tenant with a written statement listing the reasons for the retention of any portion of the deposit; sets forth particular situations for which the landlord may retain such security deposit; renders the landlord liable for treble damages for any violation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A04398 Detail]

Download: New_York-2021-A04398-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4398

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Judiciary

        AN  ACT  to amend the general obligations law, in relation to the return
          of a security deposit by a landlord

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    The  general obligations law is amended by adding a new
     2  section 7-104 to read as follows:
     3    § 7-104.  Money deposited or advanced for use or rental of any  dwell-
     4  ing; retention.  1.  Definitions. For the purpose of this section:
     5    (a)   The term "security deposit" shall mean any advance or deposit of
     6  money that is subject to the provisions of section 7-103 of this  title,
     7  and  the  primary  function  of  which is to secure the performance of a
     8  rental agreement for the use or rental of any dwelling or any part ther-
     9  eof.
    10    (b)  The term "landlord" shall mean any person  who  receives  payment
    11  from a tenant for the rental or use of any dwelling or any portion ther-
    12  eof and has received a security deposit in connection with such rental.
    13    (c)  The term "tenant" shall mean any person who occupies any dwelling
    14  or  any  portion  thereof  for  which  he  or  she pays rent and who, in
    15  connection with such rental, has furnished a security deposit.
    16    2.  A landlord shall, within thirty days after the tenant vacates  the
    17  dwelling  return to the tenant the full security deposit and any accrued
    18  interest to which the tenant is entitled.
    19    3. A landlord may retain all or a  part  of  a  security  deposit  for
    20  nonpayment  of rent, use and occupancy, unjustifiable abandonment of the
    21  premises prior to the expiration of the lease term, nonpayment of utili-
    22  ty charges, repair work or cleaning contracted by the tenant or  damages
    23  caused  by  the  tenant  to the premises. In the event that the landlord
    24  retains any portion of the security deposit, he or she shall provide the
    25  tenant with a written statement listing the reasons for the retention of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07768-01-1
        A. 4398                             2

     1  such portion of the security deposit. When the statement is delivered it
     2  shall be accompanied by payment of the difference between any sum depos-
     3  ited and the amount retained. The  landlord  shall  be  deemed  to  have
     4  complied  with  this  section  by  mailing the statement and any payment
     5  required to the tenant's new address, if known by the  landlord,  or  to
     6  the last known address of the tenant.
     7    4.  The  willful  retention of a security deposit in violation of this
     8  section shall render a landlord liable for treble  the  amount  of  that
     9  portion  of  the  security  deposit wrongfully withheld from the tenant,
    10  together with reasonable attorney's fees and court costs. In any  action
    11  brought  by  a  tenant  under  this section, the landlord shall bear the
    12  burden of proving that his or her withholding of the security deposit or
    13  any portion thereof was not willful.
    14    5.  Any provision of a contract or agreement whereby a person  who  so
    15  deposits or advances money waives any provision of this section is abso-
    16  lutely void.
    17    §  2.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law.