§ 7-108. Deposits made by tenants of non-rent stabilized dwelling\nunits. 1. This section shall apply to all dwelling units in residential\npremises, unless such dwelling unit is specifically referred to in\nsection 7-107 of this title.\n 1-a. Except in dwelling units subject to the city rent and\nrehabilitation law or the emergency housing rent control law, continuing\ncare retirement communities licensed pursuant to article forty-six or\nforty-six-A of the public health law, assisted living providers licensed\npursuant to article forty-six-B of the public health law, adult care\nfacilities licensed pursuant to article seven of the social services\nlaw, senior residential communities that have submitted an offering plan\nto the attorney general, or not-for-profit independent retirement\ncommunities that offer personal emergency response, housekeeping,\ntransportation and meals to their residents:\n (a) No deposit or advance shall exceed the amount of one month's rent,\nunless the deposit or advance is for a seasonal use dwelling unit as\nprovided for in subdivisions four and five of this section, or unless\nthe deposit or advance is for an owner-occupied cooperative apartment as\nprovided for in subdivision six of this section.\n (b) 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 (c) After initial lease signing but before the tenant begins\noccupancy, the landlord shall offer the tenant the opportunity to\ninspect the premises with the landlord or the landlord's agent to\ndetermine the condition of the property. If the tenant requests such\ninspection, the parties shall execute a written agreement before the\ntenant begins occupancy of the unit attesting to the condition of the\nproperty and specifically noting any existing defects or damages. Upon\nthe tenant's vacating of the premises, the landlord may not retain any\namount of the deposit or advance due to any condition, defect, or damage\nnoted in such agreement. The agreement shall be admissible as evidence\nof the condition of the premises at the beginning of occupancy only in\nproceedings related to the return or amount of the security deposit.\n (d) 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 paragraph shall\nonly be admissible in proceedings related to the return or amount of the\nsecurity deposit.\n (e) Within fourteen days after the tenant has vacated the premises,\nthe landlord shall provide the tenant with an itemized statement\nindicating the basis for the amount of the deposit retained, if any, and\nshall retu
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