Can ll take non-refundable deposits on rest stab apartme

[chickenstu]

My roommate and I put down a deposit on a rent stabilized apartment. Before the landlord accepted our application, we learned that he is typically non-responsive with his buildings and tenants and is just all around a shady character. A broker not affiliated with this transaction told us that it is unethical to take a non-refundable deposit and that we should be entitled to getting it back if we decide not to take the apartment. Do we have any rights here? Or, should we wave goodbye to the money and chalk it up to a learning experience?