DHCR Can't Rule on Landlord's Failure to Return Security Deposit

Rent-stabilized tenant complained to the DHCR of rent overcharge after moving out of her Yonkers apartment. She claimed that landlord charged her two months' security deposit when she moved in, along with two months' parking security deposit, an air conditioner cover security deposit, and laundry card security deposit, for a total of $2,665. Tenant said that none of these deposits were returned to her after she moved out. The DRA ruled against tenant, who appealed and lost. While the DHCR may award a refund of an excess security deposit for a current tenant who is in occupancy when the deposit is for more than one month's rent, the DHCR has no jurisdiction to award the full return of a security deposit after a tenant moves out. Tenant must seek relief either in court or through the New York State Attorney General's Office.

Kinchen: DHCR Adm. Rev. Docket No. JW910005RT (1/10/22)[3-pg. document]