senate Bill S159

2013-2014 Legislative Session

Requires return of a security deposit by a landlord within 30 days unless the landlord gives written notice of retention for legally authorized cause

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S159 - Details

Law Section:
General Obligations Law
Laws Affected:
Add ยง7-104, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1276
2009-2010: S1441A

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

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.

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