NY State Senate Bill 2019-S4124

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Mar 01, 2019	referred to judiciary

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

                                
 
BILL NUMBER: S4124

SPONSOR: PARKER
 
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 differ-
ence 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 secu-
rity deposit wrongfully withheld from the tenant, together with  reason-
able 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 negli-
gent landlords. The bill in no way affects the legitimate ability  of  a
landlord  to  retain all or part of a security deposit for nonpayment of
rent or utility charges, abandonment of premises, damages caused by  the
tenant  to  premises, and cleaning contracted by the tenant. However, as
it now stands, some landlords make deductions from security deposits for
repairs that are never made, or overcharge a tenant for  repair's  made,
or  charge  a  tenant  for damages that were preexistent. Moreover, many
landlords fail to return security deposits within a reasonable period of
time. This bill will act to eliminate these situations by  imposing  the
burden of proof upon the landlord when all or part of a security deposit
is  retained, and by sanctioning violations with a penalty of triple the
amount of any misapplied deductions on the part of the landlord.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.3112 - REFERRED TO JUDICIARY
2016-16: S.1769 - Referred to Judiciary
2013-14: S.159 - Died in Judiciary
2011-12: S.1276 - Died in Judiciary
2010: S.1441 (Duane), Died in Codes
2009: S.1441 (Duane), Died in Codes
2008: S.2311 (Duane), Died in Judiciary
2007: S.2311 (Duane), Died in Judiciary
2006: S.7070 (Duane), Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The sixtieth day after it shall have become a law.

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.

                                                            LBD05943-01-9

 S. 4124                             2
 
 SUCH PORTION OF THE SECURITY DEPOSIT. WHEN THE STATEMENT IS DELIVERED IT
 SHALL BE ACCOMPANIED BY PAYMENT OF THE DIFFERENCE BETWEEN ANY SUM DEPOS-
 ITED  AND  THE  AMOUNT  RETAINED.  THE  LANDLORD SHALL BE DEEMED TO HAVE
 COMPLIED  WITH  THIS  SECTION  BY  MAILING THE STATEMENT AND ANY PAYMENT
 REQUIRED TO THE TENANT'S NEW ADDRESS, IF KNOWN BY THE  LANDLORD,  OR  TO
 THE LAST KNOWN ADDRESS OF THE TENANT.
   4.  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 ATTORNEY'S FEES AND COURT COSTS. 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.
   5.  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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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