Senate Bill S4124

2019-2020 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

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Archive: Last Bill Status - In Senate Committee Judiciary 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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2019-S4124 (ACTIVE) - Details

See Assembly Version of this Bill:
A5205
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add §7-104, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1441
2011-2012: S1276
2013-2014: S159
2015-2016: S1769, A6338
2017-2018: S3112, A6247
2021-2022: S4427, A4398
2023-2024: S5156, A1267

2019-S4124 (ACTIVE) - 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.

2019-S4124 (ACTIVE) - Sponsor Memo

2019-S4124 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4124
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 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:
   §  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
 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.
              

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