|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S159
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S159 - Details
S159 - Summary
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.
S159 - Sponsor Memo
BILL NUMBER:S159 TITLE OF BILL: An act to amend the general obligations law, in relation to the return of a security deposit by a landlord PURPOSE OR GENERAL IDEA OF BILL: This bill would add a new section 7-104 to the general obligations law, that will require a landlord who withholds all or any part of a tenant's security deposit, to notify the tenant by written statement listing the reasons for retention within 30 days after the surrender and acceptance of the premises. At that time, the landlord will be required to deliver the statement giving the reasons for retention, along with the difference if any, between the security deposit and the amount retained. A landlord's retention of a security deposit in violation of this section, will make the landlord liable for treble the amount of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs incurred by the tenant. JUSTIFICATION: This bill would provide protection of tenants from possible misuse and unjustified retention of their security deposits by dishonest and negligent landlords. The bill in no way affects the legitimate ability of a landlord to retain all or part of a security deposit for
S159 - Bill Text download pdf
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: Section 1. The general obligations law is amended by adding a new section 7-104 to read as follows: S 7-104. MONEY DEPOSITED OR ADVANCED FOR USE OR RENTAL OF ANY DWELL- ING; RETENTION. 1. DEFINITIONS. FOR THE PURPOSE OF THIS SECTION: (A) THE TERM "SECURITY DEPOSIT" SHALL MEAN ANY ADVANCE OR DEPOSIT OF MONEY THAT IS SUBJECT TO THE PROVISIONS OF SECTION 7-103 OF THIS TITLE, AND THE PRIMARY FUNCTION OF WHICH IS TO SECURE THE PERFORMANCE OF A RENTAL AGREEMENT FOR THE USE OR RENTAL OF ANY DWELLING OR ANY PART THER- EOF. (B) THE TERM "LANDLORD" SHALL MEAN ANY PERSON WHO RECEIVES PAYMENT FROM A TENANT FOR THE RENTAL OR USE OF ANY DWELLING OR ANY PORTION THER- EOF AND HAS RECEIVED A SECURITY DEPOSIT IN CONNECTION WITH SUCH RENTAL. (C) THE TERM "TENANT" SHALL MEAN ANY PERSON WHO OCCUPIES ANY DWELLING OR ANY PORTION THEREOF FOR WHICH HE OR SHE PAYS RENT AND WHO, IN CONNECTION WITH SUCH RENTAL, HAS FURNISHED A SECURITY DEPOSIT. 2. A LANDLORD SHALL, WITHIN THIRTY DAYS AFTER THE TENANT VACATES THE DWELLING RETURN TO THE TENANT THE FULL SECURITY DEPOSIT AND ANY ACCRUED INTEREST TO WHICH THE TENANT IS ENTITLED. 3. A LANDLORD MAY RETAIN ALL OR A PART OF A SECURITY DEPOSIT FOR NONPAYMENT OF RENT, USE AND OCCUPANCY, UNJUSTIFIABLE ABANDONMENT OF THE PREMISES PRIOR TO THE EXPIRATION OF THE LEASE TERM, NONPAYMENT OF UTILI- TY CHARGES, REPAIR WORK OR CLEANING CONTRACTED BY THE TENANT OR DAMAGES CAUSED BY THE TENANT TO THE PREMISES. IN THE EVENT THAT THE LANDLORD 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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.