I know other NY LL here have said that you can't ask for more than 1st month rent plus security (equal or up to 1 month rent). Below is the section of the law I believe people refer to to for this information. This is the section of the law and my reading of it.
Q- has anyone been advised by an attorney on this section of the new law?
Section 7-108
new subdivision 1a) titled "Deposits" made by tenants of non-rent stabilized dwelling units. 1. This section shall apply to all dwelling units in residential premises, unless such dwelling unit is specifically referred to in section 7-107 of this title.
1-a. Except in dwelling units subject to the city rent and rehabilitation law or the emergency housing rent control law, continuing care retirement communities licensed pursuant to article forty-six or forty-six-A of the public health law, assisted living providers licensed pursuant to article forty-six-B of the public health law, adult care facilities licensed pursuant to article seven of the social services law, senior residential communities that have submitted an offering plan to the attorney general, or not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation and meals to their residents:
(a) No deposit or advance shall exceed the amount of one month's rent under such contract. S. 6458 56 A. 8281
(b) The entire amount of the deposit or advance shall be refundable to the tenant upon the tenant's vacating of the premises except for an amount lawfully retained for the reasonable and itemized costs due to non-payment of rent, damage caused by the tenant beyond normal wear and tear, non-payment of utility charges payable directly to the landlord
under the terms of the lease or tenancy, and moving and storage of the tenants belongings. The landlord may not retain any amount of the deposit for costs relating to ordinary wear and tear of occupancy or damage caused by a prior tenant.
I take advance to also mean deposit which is refundable monies. Those refundable monies cannot exceed 1 months rent. I do not believe that asking for last months rent is covered here and thus not allowable under this section of the new law. The tenant does not get last months rent back at the end of the term.
--70.158.xxx.xx