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Rent Deposits in Housing Court Eviction Proceedings

The law now requires that the court shall direct upon an application by the landlord that the tenant deposit into court all rents which accrue from the date the Petition and Notice of Petition are served upon the tenant in any of the following events:

  1. after two (2) adjournments as the request of the tenant, or
  2. upon the sixtieth (60th) day after the first (1st) appearance of the parties in the court less any days that the proceedings was adjourned at the request of the landlord, whichever occurs sooner.

Exception: if the tenant establishes at a hearing, that he has properly interposed one of the following defenses:

  1. the landlord is not proper party;
  2. actual or constructive eviction; or
  3. lack of jurisdiction.
  4. rent overcharge defense
  5. the apartment is illegal
  6. that a government agency has paid rent directly to the landlord on your behalf

Additionally, the tenant may deduct any sums used to pay the landlord’s utility bills and/or for fuel oil at the building.

If the tenant does not comply with the payment requirements, the court upon application by the landlord may send your case to an immediate trial. If you receive social security income or pension income the court may not require you to deposit more than 30% of the monthly payments.

Issue concerning Rent Deposits tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary consultations and you are welcome to schedule your complimentary-no obligation consultation by calling us at 212-921-1600.

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