New Rent Deposit Law Not Retroactive

Landlord sued to evict tenant for nonpayment of rent. Landlord's nonpayment petition included language calling for a deposit of rent in accordance with amended RPAPL Section 745(2). Tenant claimed that landlord's petition was defective and should be dismissed. Landlord started its eviction proceeding before the rent deposit provisions of the amended law became effective. Landlord argued that the law should be applied retroactively. The court ruled against landlord. The Rent Regulation Reform Act of 1997 specifically stated that the rent deposit provisions became effective on the 120th day after it became a law in June 1997. The new law required the court administrators to draft petition language to be used by all landlords before the law went into effect. The courts also created a ''Record of Court Action'' form to be used after the law took effect to keep track of delays and who asked for them, which are factors to be considered in deciding if a rent deposit is required. All of this indicated the legislature's intent to apply the law prospectively and not retroactively. Still, the court didn't dismiss the case as tenant requested. Landlord didn't violate any law by including the rent deposit language prematurely in his notice of petition, and tenant wasn't harmed by it.

Simkowitz v. Farello: NYLJ, p. 23, col. 3 (1/5/98) (Civ. Ct. Bronx; Heyman, J)