New York City, NYWillful Withholding

How a NYC Renter Won $3,200 in Housing Court

Deposit

$1,600

Recovered

$3,200

200% of deposit

Timeline

12 wks

Statute

NY RPL §227-e + NY GOL §7-108

Illustrative Example

This story is based on typical security deposit disputes in New York City. It illustrates common scenarios and outcomes under NY RPL §227-e + NY GOL §7-108. It is not a real client case.

Modeled Outcome

The recovery shown here is an illustrative modeled scenario. In New York, the actual remedy can depend on facts like notice, intent, coverage rules, or local law.

The Situation

This is an illustrative example based on typical security deposit disputes in New York City. A renter moved out of a Manhattan apartment leaving it professionally cleaned. The landlord withheld the entire $1,600 deposit claiming 'extensive cleaning required' with no photos, no receipts, and no itemization. New York's GOL §7-108 requires itemization within 14 days, and NY RPL §227-e allows courts to award up to twice the deposit for willful withholding.

What Happened

Day 14

Itemization deadline passes

Under NY GOL §7-108, landlords must provide an itemized statement of deductions within 14 days of move-out for units not subject to rent stabilization. The 14-day window closed with no itemization and no deposit return. The tenant documented the deadline with their move-out email confirmation and forwarding address receipt.

Week 3

Demand letter sent citing GOL §7-108 and RPL §227-e

The tenant sent a certified demand letter citing both statutes, attaching professional cleaning receipts and move-out photos. The letter noted that withholding the full deposit with no itemization and no supporting documentation met the RPL §227-e standard for willful withholding, exposing the landlord to double damages.

Week 5

Landlord sends late itemization - legally deficient

Three weeks after the deadline, the landlord sent a letter claiming '$1,600 for cleaning and miscellaneous repairs' with no line items, no photos, and no receipts. Under GOL §7-108, a late itemization does not cure the violation - and a vague one-line claim would be rejected by any Housing Court judge.

Week 7

File in NYC Housing Court Small Claims Part

The tenant filed a claim in the Small Claims Part of NYC Civil Court for $3,200 (2x the deposit) plus costs. NYC Housing Court is experienced with deposit disputes and tenant-friendly - judges in the Small Claims Part regularly award the statutory double penalty for willful withholding without itemization.

Week 10

Court hearing

The landlord appeared without receipts or photos. The judge noted the 14-day itemization deadline was missed by three weeks and the eventual itemization lacked any specificity. Under RPL §227-e, willful withholding is inferred when a landlord has no documentation to support their claimed deductions.

Week 12

Judgment for $3,200 entered

The judge awarded the full $3,200 (2x the $1,600 deposit) finding willful withholding. The landlord paid within 30 days of judgment to avoid interest accrual and enforcement proceedings.

The Outcome

The combination of a missed 14-day itemization deadline and a complete absence of supporting documentation gave the tenant an overwhelming case under NY RPL §227-e. The $3,200 award doubled the original deposit. New York City Housing Court handles these cases routinely and the small claims process is accessible to unrepresented tenants.

Key Lesson

In New York, the 14-day itemization deadline under GOL §7-108 is separate from the deposit return obligation - missing it while providing no documentation creates near-automatic grounds for the RPL §227-e double-damages award.

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