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NYC · HPD

Security Deposit Rules

N.Y. Gen. Oblig. Law §§ 7-103, 7-108

Under N.Y. General Obligations Law § 7-103, a residential security deposit remains the tenant's money, must be held in trust, and may not be commingled with the landlord's own funds (waivers of these protections are void). As amended by the Housing Stability and Tenant Protection Act of 2019, § 7-108 caps a residential security deposit or advance at one month's rent and requires the landlord, within 14 days after the tenant vacates, to return any remaining deposit together with an itemized statement of amounts retained; failure to provide that statement and deposit within 14 days forfeits the landlord's right to retain any portion. These are statewide New York statutes (not an HPD/NYC-specific rule), and § 7-108 applies to all residential dwelling units.

Effective · 2019-06-14
Status · active
Subject · landlord tenant

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Security Deposit Rules · NYC · RegWatch