§ 7-107. Deposits made by tenants of rent stabilized dwelling units.\n1. This section shall apply only to dwelling units subject to the New\nYork city rent stabilization law of nineteen hundred sixty-nine or the\nemergency tenant protection act of nineteen seventy-four.\n 2. No deposit or advance shall exceed the amount of one month's rent,\nunder any contract for the lease or tenancy of a dwelling unit subject\nto this section.\n 3. The entire amount of the deposit or advance, shall be refundable to\nthe tenant upon the tenant's vacating of the premises except for an\namount lawfully retained for the reasonable and itemized costs due to\nnon-payment of rent, damage caused by the tenant beyond normal wear and\ntear, non-payment of utility charges payable directly to the landlord\nunder the terms of the lease or tenancy, and moving and storage of the\ntenant's belongings. The landlord may not retain any amount of the\ndeposit for costs relating to ordinary wear and tear of occupancy or\ndamage caused by a prior tenant.\n 4. After initial lease signing but before the tenant begins occupancy,\nthe landlord shall offer the tenant the opportunity to inspect the\npremises with the landlord or the landlord's agent to determine the\ncondition of the property. If the tenant requests such inspection, the\nparties shall execute a written agreement before the tenant begins\noccupancy of the unit attesting to the condition of the property and\nspecifically noting any existing defects or damages. Upon the tenant's\nvacating of the premises, the landlord may not retain any amount of the\ndeposit or advance due to any condition, defect, or damage noted in such\nagreement. The agreement shall be admissible as evidence of the\ncondition of the premises at the beginning of occupancy only in\nproceedings related to the return or amount of the security deposit.\n 5. Within a reasonable time after notification of either party's\nintention to terminate the tenancy, unless the tenant terminates the\ntenancy with less than two weeks' notice, the landlord shall notify the\ntenant in writing of the tenant's right to request an inspection before\nvacating the premises and of the tenant's right to be present at the\ninspection. If the tenant requests such an inspection, the inspection\nshall be made no earlier than two weeks and no later than one week\nbefore the end of the tenancy. The landlord shall provide at least\nforty-eight hours written notice of the date and time of the inspection.\nAfter the inspection, the landlord shall provide the tenant with an\nitemized statement specifying repairs or cleaning that are proposed to\nbe the basis of any deductions from the tenant's deposit. The tenant\nshall have the opportunity to cure any such condition before the end of\nthe tenancy. Any statement produced pursuant to this subdivision shall\nonly be admissible in proceedings related to the return or amount of the\nsecurity deposit.\n 6. Within fourteen days after the tenant has vacated the premises, the\nlandlord shall provide the tenant with an itemized statement indicating\nthe basis for the amount of the deposit retained, if any, and shall\nreturn any remaining portion of the deposit to the tenant. If a landlord\nfails to provide the tenant with the statement and deposit within\nfourteen days, the landlord shall forfeit any right to retain any\nportion of the deposit.\n 7. In any action or proceeding disputing the amount of any portion of\nthe deposit retained, the landlord shall bear the burden of proof as to\nthe reasonableness of the amount retained.\n 8. Any person who violates the provisions of this section shall be\nliable for actual damages, provided a person found to have willfully\nviolated this section shall be liable for punitive damages of up to\ntwice the amount of the deposit or advance.\n 9. (a) In circumstances where any sum of money or any other thing of\nvalue deposited as security for the full performance by a tenant of the\nt
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