NY State Senate Bill 2017-S9000

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	referred to rules

2017-S9000 (ACTIVE) - Details

See Assembly Version of this Bill:: A10963
Current Committee:: Senate Rules
Law Section:: General Obligations Law
Laws Affected:: Add §7-104, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2159
2021-2022: S1683
2023-2024: S941

2017-S9000 (ACTIVE) - Summary

Requires landlords to return the full security deposit and any accrued interest to which the tenant is entitled less any amount retained by the landlord within 21 days of the end of the lease.

2017-S9000 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9000

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the general obligations law, in
relation to requiring landlords to return security deposits within a
reasonable time

 
PURPOSE:

To ensure that all tenants have a concrete timeline regarding the return
of their security deposit, and to prevent unjust prolonged retention of
the tenant(s)' deposit by their landlord(s).

 
SUMMARY OF PROVISIONS:

Rental security deposits must be returned within a reasonable time peri-
od.

Reasonable time period is defined as 21 days after the lease expires
After 21 days without the return of such deposit, if applicable, the
tenant can bring the dispute to the Attorney General's mediation proc-

ess, or bring the landlord(s) to small claims court.

Sets the maximum amount of rent that can be asked for a rental dwelling
security deposit at two months rent.

If deductions are made against the deposit for repairs, the bill
requires the landlord provide proof of payment for such work.

Mandates photographic evidence for such damage of premises that resulted
in the security deposit funds being reduced.

Describes the various punishments that a landlord is subject to if they
willfully and without reason withhold a tenant's security deposit.

The bill establishes a registry that will detail infractions by land-
lords, and mandates that this information be public via the New York,
State Department of Homes and Community Renewal's website.

 
JUSTIFICATION:

Currently, there is no mandate that requires security deposits be
returned in a defined period of time. The closest approximation offered
by the NYS Attorney General is that such be returned within a, "reason-
able amount of time." The definition of reasonable is not statutory
defined. By defining the reasonable time period to be within 21 days of
the lease-end date, we can promote the prompt return of a tenant's
money, if warranted. The bill also offers protections to tenants to make
sure that if a landlord deducts money from the security deposit, it is
documented. By creating an avenue (the mediation process/small claims
court) for a tenant's redress, we can help make sure that the tenant has
adequate protections to obtain any money that the landlord is illegally
holding onto.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT:
None.

 
EFFECTIVE DATE:
This bill shall become effective sixty days after it becomes law.

2017-S9000 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9000
 
                             I N  S E N A T E
 
                               June 12, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general obligations law, in  relation  to  requiring
   landlords to return security deposits within a reasonable time
 
   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:
   §  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. NO SECURITY DEPOSIT FOR A  DWELLING  SHALL  EXCEED  MORE  THAN  TWO
 MONTHS' RENT.
   3.  A  MONTH  PRIOR TO THE EXPIRATION OF THE LEASE, THE LANDLORD SHALL
 NOTIFY ALL TENANTS THAT THEY HAVE THE OPTION TO CONDUCT A PRE-EXIT WALK-
 THROUGH WITH THE LANDLORD TO DOCUMENT ANY AND ALL DAMAGES, AS WELL AS  A
 POST-EXIT  WALK-THROUGH WITH THE LANDLORD TO DOCUMENT ANY DAMAGES CAUSED
 WHILE MOVING OUT THAT MAY IMPACT THE VALUE OF THE SECURITY DEPOSIT.  THE
 POST-EXIT WALK-THROUGH CANNOT BE AFTER THE LAST DAY OF THE LEASE.
   4.  A  LANDLORD SHALL, WITHIN TWENTY-ONE DAYS OF THE END OF THE LEASE,
 RETURN TO THE TENANT THE FULL SECURITY DEPOSIT AND ANY ACCRUED  INTEREST
 TO WHICH THE TENANT IS ENTITLED LESS ANY AMOUNT RETAINED BY THE LANDLORD
 UNDER SUBDIVISION FIVE OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15856-05-8

 S. 9000                             2
 
   5.  (A)  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.
   (B)  (I)  IN  THE  EVENT  THAT THE LANDLORD RETAINS ANY PORTION OF THE
 SECURITY DEPOSIT, HE OR SHE SHALL PROVIDE  THE  TENANT  WITH  A  WRITTEN
 STATEMENT  LISTING  THE REASONS FOR THE RETENTION OF SUCH PORTION OF THE
 SECURITY  DEPOSIT  WITHIN  TWENTY-ONE  CALENDAR  DAYS  AFTER  THE  LEASE
 EXPIRED.
   (II)  THE  WRITTEN  STATEMENT SHALL INCLUDE PHOTOGRAPHIC DOCUMENTATION
 FOR ALL REASONS FOR RETENTION REGARDING DAMAGES BY  THE  TENANT  TO  THE
 DWELLING  AND A DETAILED ITEMIZED RECEIPT OF REPAIR FOR SUCH DAMAGE. THE
 ITEMIZED RECEIPT SHALL INCLUDE PROOF OF THE COST FOR THE REPAIR  OF  ANY
 LISTED  DAMAGE ON SAID RECEIPT.  THE ITEMIZED RECEIPT SHALL ALSO INCLUDE
 PROOF OF THE PAYMENT IN FULL BY THE LANDLORD FOR THE COST OF THE REPAIR.
 IF THE LANDLORD OR LANDLORD'S EMPLOYEE DID NOT DO THE REPAIR  WORK,  THE
 LANDLORD SHALL PROVIDE THE TENANT A COPY OF THE PAID BILL, PAID INVOICE,
 OR  RECEIPT  SHOWING  PAYMENT  IN FULL, SUPPLIED BY THE PERSON OR ENTITY
 PERFORMING THE WORK.  THE ITEMIZED RECEIPT SHALL PROVIDE THE TENANT WITH
 THE NAME, ADDRESS, AND TELEPHONE NUMBER OF  THE  PERSON  OR  ENTITY  WHO
 PERFORMED  THE  REPAIR  WORK. IF THE LANDLORD AND/OR HIS OR HER EMPLOYEE
 PERFORMED  THE  REPAIR  WORK,  THE  ITEMIZED  RECEIPT  SHALL  REASONABLY
 DESCRIBE THE WORK PERFORMED AND ANY HOURLY RATE CHARGED FOR THE LANDLORD
 AND ANY EMPLOYEE.
   (C)  WHEN  THE STATEMENT IS DELIVERED, IT SHALL BE SIGNED BY THE LAND-
 LORD ATTESTING TO THE ACCURACY OF THE STATEMENT. ALL TENANTS WHOSE SECU-
 RITY DEPOSIT IS BEING RETAINED SHALL  SIGN  THE  WRITTEN  STATEMENT  AND
 RETURN A SIGNED COPY TO THE LANDLORD IF THE TENANT AGREES TO THE ACCURA-
 CY OF THE STATEMENT.
   (D)  WHEN  THE  STATEMENT  IS SIGNED BY THE TENANT AND RETURNED TO THE
 LANDLORD, THE LANDLORD SHALL RETURN TO THE TENANT THEIR SECURITY DEPOSIT
 AND ANY ACCRUED INTEREST TO WHICH THE TENANT IS ENTITLED LESS ANY AMOUNT
 RETAINED BY THE LANDLORD UNDER THIS SUBDIVISION  AS  AGREED  TO  IN  THE
 STATEMENT SIGNED BY THE TENANT.
   (E)  IF THE TENANT DOES NOT BELIEVE THE STATEMENT IS ACCURATE AND THUS
 DOES NOT SIGN, THE STATEMENT WAS NOT SIGNED BY THE LANDLORD, THE REMAIN-
 DER OF THE SECURITY DEPOSIT IS NOT RETURNED WITHIN  TWENTY-ONE  CALENDAR
 DAYS  AFTER THE LEASE EXPIRED, OR REPAIRS CANNOT REASONABLY BE COMPLETED
 WITHIN TWENTY-ONE CALENDAR DAYS AFTER THE LEASE EXPIRED, THE TENANT  MAY
 INVOKE  THE USE OF THE NEW YORK STATE ATTORNEY GENERAL'S MEDIATION PROC-
 ESS AND, IF THE MEDIATION PROCESS FAILS OR IS NOT USED, BRING AN  ACTION
 IN SMALL CLAIMS COURT.
   6.  THE  WILLFUL  RETENTION OF A SECURITY DEPOSIT IN VIOLATION OF THIS
 SECTION SHALL RENDER A LANDLORD LIABLE FOR TREBLE  THE  AMOUNT  OF  THAT
 PORTION  OF  THE  SECURITY  DEPOSIT WRONGFULLY WITHHELD FROM THE TENANT,
 TOGETHER WITH REASONABLE ATTORNEYS' FEES, COURT COSTS, AND THE LAST  TWO
 MONTHS' RENT PAID BY THE TENANT. IN ANY ACTION BROUGHT BY A TENANT UNDER
 THIS  SECTION, THE LANDLORD SHALL BEAR THE BURDEN OF PROVING THAT HIS OR
 HER WITHHOLDING OF THE SECURITY DEPOSIT OR ANY PORTION THEREOF  WAS  NOT
 WILLFUL.  THIS  SECTION SHALL NOT LIMIT ANY OTHER PENALTIES THE LANDLORD
 COULD BE SUBJECTED TO.
   7. ANY PROVISION OF A CONTRACT OR AGREEMENT WHEREBY A  PERSON  WHO  SO
 DEPOSITS OR ADVANCES MONEY WAIVES ANY PROVISION OF THIS SECTION IS ABSO-
 LUTELY VOID.

 S. 9000                             3
 
   8.  ANY  LANDLORD  FOUND  IN VIOLATION OF THIS SECTION SHALL HAVE EACH
 REFRACTION REPORTED TO THE DEPARTMENT OF HOMES  AND  COMMUNITY  RENEWAL,
 WHO  SHALL  COMPILE A LIST OF LANDLORDS WHO HAVE VIOLATED THE PROVISIONS
 OF THIS SECTION INCLUDING, BUT NOT LIMITED  TO,  WHICH  PROVISIONS  WERE
 VIOLATED.  THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL SHALL POST SUCH
 LIST  ON  THEIR  WEBSITE, AND SUCH INFORMATION CAN BE REQUESTED IN PAPER
 FORMAT BY MEMBERS OF THE PUBLIC.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S9000

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9000 (ACTIVE) - Details

2017-S9000 (ACTIVE) - Summary

2017-S9000 (ACTIVE) - Sponsor Memo

2017-S9000 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9000

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9000 (ACTIVE) - Details

2017-S9000 (ACTIVE) - Summary

2017-S9000 (ACTIVE) - Sponsor Memo

2017-S9000 (ACTIVE) - Bill Text download pdf

Comments