{
    "dataset": "Homzora New York Security Deposit Statute Reference 2026",
    "jurisdiction": "State of New York",
    "scope": "Sections 7-108 and 7-103 of the New York General Obligations Law, governing the amount, handling and return of a residential security deposit, as rewritten by the Housing Stability and Tenant Protection Act of 2019.",
    "how_new_york_compares": "New York has the strongest deposit protections of the four cities Homzora covers. A hard cap of one month rent, where Georgia allows two and Illinois and Florida set no cap at all. Fourteen days to return, against fifteen in Florida where no claim is made, thirty in Georgia and forty five in Chicago. And a landlord who misses the deadline forfeits the entire deposit rather than merely losing a deduction.",
    "the_2019_change": "Before June 2019 there was no statewide cap and demands for two or three months were routine. Any guidance describing that position predates the HSTPA and should not be relied on.",
    "documented_source_error": "One published source consulted carries a headline stating a twenty one day return deadline while its own body text, and every other source, states fourteen days. Homzora treats the twenty one day figure as a template error in that source and publishes fourteen days, which is consistent across the statute text and all other sources.",
    "basis": "Compiled from published summaries of General Obligations Law sections 7-103, 7-107 and 7-108, several of which cite the New York State Senate statute text directly.",
    "sources": [
        "New York General Obligations Law section 7-108, as published by the New York State Senate and summarized by multiple practitioner sources, 2025 and 2026",
        "New York General Obligations Law section 7-103, trust account and interest provisions",
        "Housing Stability and Tenant Protection Act of 2019"
    ],
    "verified": "2026-09-13",
    "note": "Section 7-107 governing rent regulated units is not compiled here. This is not legal advice and does not evaluate any particular tenancy. New York housing law is unusually complex and varies by building age, unit count and regulatory status.",
    "license": "CC BY 4.0 for the Homzora compilation. Statutory text is a public record.",
    "methodology": "https://homzora.co/new-york/guides/methodology/",
    "rows": [
        {
            "provision": "GOL 7-108",
            "subject": "One month cap",
            "what_it_requires": "A landlord may not demand or receive a deposit or advance exceeding one month rent for most residential units.",
            "key_figure": "1 month",
            "notes": "Introduced by the Housing Stability and Tenant Protection Act of 2019. Before June 2019 New York had no statewide dollar cap and two or three months was common."
        },
        {
            "provision": "GOL 7-108",
            "subject": "What counts toward the cap",
            "what_it_requires": "The cap is the total, all in figure. Any pet deposit or other advance forms part of the same one month.",
            "key_figure": "all advances included",
            "notes": "This makes the old demand for first month, last month and security unlawful for most rentals."
        },
        {
            "provision": "GOL 7-108",
            "subject": "Fourteen day return",
            "what_it_requires": "The deposit, less any allowable deductions, must be returned within 14 calendar days of the tenant vacating.",
            "key_figure": "14 days",
            "notes": "The shortest return deadline of any jurisdiction Homzora covers. Florida allows 15 where no claim is made, Georgia 30, Chicago 45."
        },
        {
            "provision": "GOL 7-108",
            "subject": "Itemized statement",
            "what_it_requires": "Where deductions are made, an itemized statement describing each charge and its cost must be provided with the balance inside the same 14 day window.",
            "key_figure": "14 days",
            "notes": "There is no dollar threshold. Every deduction must be itemized regardless of size."
        },
        {
            "provision": "GOL 7-108",
            "subject": "Consequence of missing the deadline",
            "what_it_requires": "A landlord who fails to provide the refund or the itemized statement within 14 days forfeits any right to retain any portion of the deposit.",
            "key_figure": "total forfeiture",
            "notes": "Late return, or return without an itemized statement, is itself a violation independent of whether the deductions were valid."
        },
        {
            "provision": "GOL 7-108(1-a)(g)",
            "subject": "Willful violation",
            "what_it_requires": "A court may award the tenant up to twice the amount of the deposit as punitive damages where it finds the landlord willfully violated the law.",
            "key_figure": "two times the deposit",
            "notes": ""
        },
        {
            "provision": "GOL 7-108",
            "subject": "Inspection rights",
            "what_it_requires": "A tenant has the right to an inspection before moving in and to a pre move out inspection with the landlord.",
            "key_figure": "two inspections",
            "notes": "The pre move out inspection lets a tenant remedy a condition before it becomes a deduction."
        },
        {
            "provision": "GOL 7-108",
            "subject": "Non-refundable fees",
            "what_it_requires": "Non-refundable fees in place of a deposit are prohibited for covered units.",
            "key_figure": "prohibited",
            "notes": "A different position from Georgia and Florida, where fees sit outside the cap and are not limited."
        },
        {
            "provision": "GOL 7-108",
            "subject": "Deposit is not last month rent",
            "what_it_requires": "A tenant may not apply the deposit toward the final month rent. It exists to cover unpaid obligations or damage after the tenancy ends.",
            "key_figure": "not last month rent",
            "notes": ""
        },
        {
            "provision": "GOL 7-103",
            "subject": "Trust account and no commingling",
            "what_it_requires": "A deposit remains the tenant property and is held in trust. The landlord may not commingle it with their own funds.",
            "key_figure": "held in trust",
            "notes": ""
        },
        {
            "provision": "GOL 7-103",
            "subject": "Interest at six units",
            "what_it_requires": "Buildings with six or more units carry an interest obligation on deposits held.",
            "key_figure": "6 or more units",
            "notes": "Homzora has not compiled the rate mechanism and does not publish a figure."
        },
        {
            "provision": "GOL 7-107",
            "subject": "Rent regulated units",
            "what_it_requires": "Rent stabilized apartments sit under a separate but overlapping set of rules at section 7-107.",
            "key_figure": "separate regime",
            "notes": "Homzora has not compiled section 7-107 and does not publish its terms. A rent stabilized tenancy should not be assumed to follow the 7-108 rules exactly."
        },
        {
            "provision": "exceptions",
            "subject": "Units outside the one month cap",
            "what_it_requires": "The cap does not apply to continuing care retirement communities, senior residential communities, assisted living providers, adult care facilities licensed under the social services law, or units covered by emergency housing rent control statutes or the city rental and rehabilitation code.",
            "key_figure": "listed exceptions",
            "notes": "Most ordinary residential tenancies are inside the cap."
        }
    ]
}