Bill Text: NY S00159 | 2013-2014 | 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) 2014-01-08 - REFERRED TO JUDICIARY [S00159 Detail]

Download: New_York-2013-S00159-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          159
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed 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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01952-01-3
       S. 159                              2
    1  TENANT WITH A WRITTEN STATEMENT LISTING THE REASONS FOR THE RETENTION OF
    2  SUCH PORTION OF THE SECURITY DEPOSIT. WHEN THE STATEMENT IS DELIVERED IT
    3  SHALL BE ACCOMPANIED BY PAYMENT OF THE DIFFERENCE BETWEEN ANY SUM DEPOS-
    4  ITED  AND  THE  AMOUNT  RETAINED.  THE  LANDLORD SHALL BE DEEMED TO HAVE
    5  COMPLIED WITH THIS SECTION BY MAILING  THE  STATEMENT  AND  ANY  PAYMENT
    6  REQUIRED  TO  THE  TENANT'S NEW ADDRESS, IF KNOWN BY THE LANDLORD, OR TO
    7  THE LAST KNOWN ADDRESS OF THE TENANT.
    8    4. THE WILLFUL RETENTION OF A SECURITY DEPOSIT IN  VIOLATION  OF  THIS
    9  SECTION  SHALL  RENDER  A  LANDLORD LIABLE FOR TREBLE THE AMOUNT OF THAT
   10  PORTION OF THE SECURITY DEPOSIT WRONGFULLY  WITHHELD  FROM  THE  TENANT,
   11  TOGETHER  WITH REASONABLE ATTORNEY'S FEES AND COURT COSTS. IN ANY ACTION
   12  BROUGHT BY A TENANT UNDER THIS SECTION,  THE  LANDLORD  SHALL  BEAR  THE
   13  BURDEN OF PROVING THAT HIS OR HER WITHHOLDING OF THE SECURITY DEPOSIT OR
   14  ANY PORTION THEREOF WAS NOT WILLFUL.
   15    5.    ANY PROVISION OF A CONTRACT OR AGREEMENT WHEREBY A PERSON WHO SO
   16  DEPOSITS OR ADVANCES MONEY WAIVES ANY PROVISION OF THIS SECTION IS ABSO-
   17  LUTELY VOID.
   18    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   19  have become a law.