NY law clarification
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NY law clarification (by small potatoes [NY]) Aug 5, 2020 8:46 PM
       NY law clarification (by Zakhd43 [CT]) Aug 5, 2020 9:06 PM
       NY law clarification (by myob [GA]) Aug 6, 2020 7:02 AM
       NY law clarification (by DJ [VA]) Aug 6, 2020 11:25 AM
       NY law clarification (by Ken [NY]) Aug 6, 2020 2:16 PM
       NY law clarification (by small potatoes [NY]) Aug 7, 2020 12:18 AM
       NY law clarification (by Libi [NY]) Aug 7, 2020 10:59 PM
       NY law clarification (by Small potatoes [NY]) Aug 7, 2020 11:14 PM
       NY law clarification (by Ken [NY]) Aug 7, 2020 11:19 PM
       NY law clarification (by Libi [NY]) Aug 7, 2020 11:21 PM


NY law clarification (by small potatoes [NY]) Posted on: Aug 5, 2020 8:46 PM
Message:

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




NY law clarification (by Zakhd43 [CT]) Posted on: Aug 5, 2020 9:06 PM
Message:

I agree, the deposit is one month's rent so you can ask for first and last month's rent. --32.211.xxx.xxx




NY law clarification (by myob [GA]) Posted on: Aug 6, 2020 7:02 AM
Message:

So you get deposit. Why not seek 3 months advanced rent then? or 4 or 5?

Why not make the rent double on the contract page with a stipulation half will be refunded within 5 days of receipt of rent. So your contract might have rent of 2,000.00 and after you receive it you send back 1K. That alone will get you more deposit and more advanced rent as security.... --99.103.xxx.xxx




NY law clarification (by DJ [VA]) Posted on: Aug 6, 2020 11:25 AM
Message:

It looks like the important thing is to know what they mean by " or advance ' --70.160.xxx.xxx




NY law clarification (by Ken [NY]) Posted on: Aug 6, 2020 2:16 PM
Message:

I would consider advance to mean last month rent in this case. i have been trying to find the whole wording of the law but cant seem to find it --104.229.xxx.xxx




NY law clarification (by small potatoes [NY]) Posted on: Aug 7, 2020 12:18 AM
Message:

h tt p s: / / ww w. veno properties .

com/ documents/ Housing- Stability-And-Tenant-Protection-Bill-2019 -S6458 . pdf

Ken I copied the exact wording of that section of the law.

It is referenced above in the pdf showing all the changes from the last law.

Again I make the case that the section is titled "deposits" and it states the funds are returned except as provided in retaining the security. --24.194.xxx.xxx




NY law clarification (by Libi [NY]) Posted on: Aug 7, 2020 10:59 PM
Message:

I was trying to see if we can take a Move-in-fee.

Any idea? --74.90.xx.xx




NY law clarification (by Small potatoes [NY]) Posted on: Aug 7, 2020 11:14 PM
Message:

Libi no you cannot just collect a fee but you can collect up to 20 to offset actual expenses, such as a background check. Call it that because if a prospect shows you their own credit report you have to accept it. Yet you can't say your process searches for evictions because your decision cannot be made about an eviction. --24.194.xxx.xxx




NY law clarification (by Ken [NY]) Posted on: Aug 7, 2020 11:19 PM
Message:

Small Potatoes, of course i wont deny you because of an eviction but i still need that landlords name and number because part of my criteria is to ask that landlord if he would rent to you again,if he says no then i cant help you --104.229.xxx.xxx




NY law clarification (by Libi [NY]) Posted on: Aug 7, 2020 11:21 PM
Message:

Small potatoes, thank you.

My problem was that tenants with no or bad credit was begging me to take bigger deposit and let them in, but I can’t take it with the new law. I was looking how can I lower my risk of losing money. --74.90.xx.xx





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