Tenant Must File Claim in Court

Former tenant complained of a rent overcharge. Landlord collected two months' security deposit from tenant, and tenant paid last month's rent before moving out. Landlord refused to refund tenant's security deposit, claiming that repairs were needed after tenant moved out. The DRA ruled for tenant. Landlord appealed and won. Landlord claimed that tenant hadn't paid the full last month's rent. It was a violation of the Rent Stabilization Code for landlord to collect more than one month's security deposit from tenant. But because tenant had moved out, tenant must file a claim about any unrefunded security deposit in small claims court.

Farage: DHCR Adm. Rev. Dckt. No. UA310066RO (4/21/06) [3-pg. doc.]