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Landlord wants ANOTHER Security Deposit

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Landlord wants ANOTHER Security Deposit

Postby brooklynstabilized » Mon Aug 29, 2016 8:35 pm

So I'm a rent stabilized tenant, and I've been living in this apartment for 37 years. The "new" owner is the previous Landlords son, and is trying to get all of the rent stabilized tenants out of the building. We had inspectors come to our apartments because his father never made repairs, and he got hit with multiple violations. Now he's been leaving notes and notices on our doors about taking antennas off the roof, and no smoking on the steps and things of that sort. Now the big issue that just came up is he left a note on our doors with a rent invoice saying he wants a security deposit on top of the monthy rent. First off it's invasion of privacy i belive to leave these things on tenants doors in the hallway. Anyone can open and look at the rent i pay. Secondly, I'm pretty sure they're not allowed to do this. We all paid security deposits a longgg time ago when we first rented. Is he allowed to do this? Also, he posted this note TODAY which is only 2 days before rent is due. BTW, I have a lease until 2017. Thanks.
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Re: Landlord wants ANOTHER Security Deposit

Postby TenantNet » Mon Aug 29, 2016 10:34 pm

If you're RS, you should post this in the RS forum.

Do you have records of your initial sec. deposits plus any increases over the years? Has the LL been paying you interest, or giving you records of interest being put back in to the account?

Do you get IRS 1099 forms every year from the bank holding the deposits?

For the lowdown on security, see http://tenant.net/Rights/CTRC/ctrcf006.html
It's an old document but the info should still be correct. Also see http://www.nyshcr.org/Rent/FactSheets/orafac9.pdf

LLs can increase the deposit by the incremental increases in rents as per the RGB. So if the rent goes up by 2%, then the deposit can go up by 2%. For RS tenants, the LL can only have one month's deposit. No more.

And he can't ask for another deposit on top of the existing deposit, not for any amount greater than the legal rent.

Even if it were allowed, he needs more than 2 days notice.

I would first give other tenants this information, and second, ignore the LL demand.
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Re: Landlord wants ANOTHER Security Deposit

Postby brooklynstabilized » Mon Aug 29, 2016 11:03 pm

Thanks. My mother has had this apartment for over 40 years, and she said the landlord USED to give her a slip with the interest of her security deposit. He stopped doing that years ago. She did pay a security deposit about 40 years ago. I never heard of a Landlord charging another Security deposit especially to Rent Stabilized tenants. Like I said it's the former Landlords son who is now the owner. His father "sold" the building to him for $10.00, which is probably some other shady stuff. We're in a Tenant Association right now so we'll have to bring this to the representitives attention. I was just wondering because I've never heard of this before. Thanks.
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Re: Landlord wants ANOTHER Security Deposit

Postby TenantNet » Mon Aug 29, 2016 11:24 pm

Just don't pay it. One thing you can do is demand from the LL an accounting of the deposit account showing all interest accrued. Also remember the LL can deduct 1% as an administrative fee. But unless it's in a special deposit account (banks have these special accounts just for this purpose) and unless there's a proper accounting, I would not pay any increase, even if it's in alignment with RGB increases.
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