security deposit

[patrice]

i moved into my apt in 2000, and paid a 2 month security deposit to managing agent. lease was renewed in 2001, with info re: deposit clearly on new lease. several months ago new managing agent took over the building...now they are sending lease renewal forms that show no security deposit. when i called them they claim they have no info about that money, and the original managing agent will not return my calls. what can i do?

[mjr203]

First things first try and find out who has the security deposit... call the new mgmt company and ask to speak to someone in charge and request a written evidencing of your security deposit (which in NYS must be kept in a seperate interest bearing account). You should also send a certified letter with the same request to the company. Certainly someone is going to be responsible for that money. Usually if mgmt company changes/or building is sold, the security $ changes hands.

If you encounter difficulties -- the Attorney General's office handles security deposit problems. There is info on their webpage.

Good luck

-POINTER

[NYCkid]

On a related issue, I have heard conflicting reports as to whether it is legal to collect more than one month security deposit for a stabilized NYC apt. Does anyone know anything about this?

[consigliere]

DHCR Fact Sheet #9 - Security Deposit says that the security deposit for a new tenant in a rent stabilized apartment is limited to one month's rent.
 

[mjr203]

Originally posted by consigliere:
[b]DHCR Fact Sheet #9 - Security Deposit says that the security deposit for a new tenant in a rent stabilized apartment is limited to one month's rent.
 [/b]

So therefore you have been overcharged for security deposit? You may want to file an overcharge complaint with the DHCR. If the overcharge was willfull you could get treble penalty?

-POINTER

[patrice]

managing agent took 2 months security because i had no credit at the time, so there was no information about me on a credit report. i was so desperate to get the apt that i agreed to give 2 months deposit. my only concern now is that that money is gone. new managing agent claims to have no record of it, agent i gave the $ to will not return calls. person who answers their phone says "we do not have anything to do with that building anymore"

[mjr203]

Originally posted by patrice:
managing agent took 2 months security because i had no credit at the time, so there was no information about me on a credit report. i was so desperate to get the apt that i agreed to give 2 months deposit. my only concern now is that that money is gone. new managing agent claims to have no record of it, agent i gave the $ to will not return calls. person who answers their phone says "we do not have anything to do with that building anymore"

As the new owner of the building the landlord is responsible for security deposits. When a building is sold or title is transferred in foreclosure, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.

For more information see the security deposit section of the NY State Attorney General's Landlord/Tenant Guide on our site. All leases will remain valid even if the building is transferred through mortgage foreclosure.

http://www.housingnyc.com/resources/faq/security.html#new

[mjr203]

At this point you need to express to the managing agent and the owner (are they one and the same) that regardless of their records they are responsible for your two months of security deposit.

In the event that you ever were to leave your apt, you might withhold your last 1-2 months of rent because of their lack of accounting for your security deposit.

You should call the attorney general's office to make a complaint on this issue immediately giving them the name of the old mging agent and the new agent.

[mjr203]

You should ask the attorney general's office about the security deposit in light of rent stabilization as well. I am not sure at what point it changed, but LLs cannot take over 1 month security for rent stabilized apts. If they did so improperly you might be able to sue/or go thought the DHCR for damages.

-POINTER

[patrice]

well as far as i know the ownership of the building has not changed, just the managing agent. i have never dealt with owner.

[NYCkid]

Originally posted by consigliere:
[b]DHCR Fact Sheet #9 - Security Deposit says that the security deposit for a new tenant in a rent stabilized apartment is limited to one month's rent.
 [/b]

Thank you. I did this when I moved into my apt because I was in a precarious situation already with the landlord and he had me in a bind. I will keep this in mind as an ace in the hole.