You can try
www.rentalprotectionagency.com or I also found this bit of info...
Here's what I gleaned from a Community Training Resource Center (CTRC)
fact sheet from TenantNet.com, a web site specifically focused on
residential tenant issues in New York City and New York State. I've
also provided relevant excerpts from "The Tenant's Rights Guide",
published by The Office of the New York State Attorney. Emphasis
*asterisks like this* are mine...
From "The Tenant's Rights Guide"...
"...Virtually all leases require tenants to give their landlords a
security deposit. The security deposit is usually one month's rent.
The landlord must return the security deposit, less any lawful
deduction, to the tenant at the end of the lease or within a
reasonable time thereafter. A landlord may use the security deposit:
*(a) as reimbursement for the reasonable cost of repairs beyond normal
wear and tear, if the tenant damages the apartment; or (b) as
reimbursement for any unpaid rent."*
http://www.oag.state.ny.us/realestat...e_intro.html#6
From the CTRC fact sheet
RENT SECURITY DEPOSITS
"A rent security deposit is an amount of money, separate from the rent
itself, collected from the tenant and held by the landlord as security
against loss due to the misdeed of the tenant... *At the end of the
tenancy, the landlord may claim all or a portion of the rent security
deposit to cover unpaid rent or damage to the rented property caused
by the tenant beyond "normal" wear and tear.* Rent security deposits
are authorized and regulated by the New York State General Obligations
Law (GOL), which affects all New York State tenants. The GOL also
contains special provisions for tenants in apartments subject to the
Rent Control and Rent Stabilization Laws."
"...Landlords sometimes collect a rent security deposit without giving
a lease. Since the tenant would then have no documentation of the
deposit, the tenant should take care to get a receipt clearly showing
that a deposit was given. *Even without a lease, the rent security
deposit provisions of the GOL
apply.*
http://www.tenant.net/Rights/CTRC/ctrcf006.txt
So, it appears that unless you signed a lease specifically agreeing to
any late payment fees being deducted from your security deposit, or
that your rent isn't fully paid-to-date, your landlord should not be
deducting those fees from your security deposit. So, what's your
recourse?
1) Try to resolve the issue with your landlord first. If you haven't
already done so, you should provide your landlord with a vacate date
and include a demand for the return of the full security deposit. You
may have some leverage with the landlord if he or she hasn't put your
security deposit in a separate bank account, interest-bearing, if
appropriate. According to the New York State GOL, "A landlord may not
commingle (mix) security deposit moneys with his own; if he does, a
tenant has the right to ask a court to rule that, as such, the
landlord has converted the trust moneys to personal use and that he,
the landlord, should lose the right to retain a security deposit."
2) Contact The New York State Attorney General's Office for help under
the General Obligations Law, Article 7. The New York State Department
of Law, headed by the Attorney General (AG), accepts tenant complaints
involving security deposits. After a tenant files a complaint on their
form, the AG will contact the landlord, providing him with the
opportunity to reply. The Attorney General's approach is to mediate a
resolution by informing the landlord of the obligations of the law and
the AG's authority to enforce the law."
A landlord who has no damage claim against a former tenant, and who is
merely trying to keep the deposit, will often respond to this
pressure.
ATTORNEY GENERAL'S INFORMATION & COMPLAINT LINE:
1-800-771-7755
ATTORNEY GENERAL'S OFFICES
THE CAPITOL
Albany, New York 12224 (518) 474-5481
120 Broadway
New York, NY 10271 (212) 416-8345
REGIONAL OFFICES
44 Hawley Street, 17 FL
Binghamton, New York 13901-4433
(607) 721-8771
234 Main Street
Poughkeepsie, New York 12601
(914) 485-3920
65 Court Street
Buffalo, New York 14202
(716) 847-7184
144 Exchange Boulevard
Rochester, New York 14614
(716) 546-7430
300 Motor Parkway
Hauppauge, New York 11788
(516) 231-2401
615 Erie Boulevard West
Syracuse, New York 13204
(315) 448-4848
211 Station Road, 6th Fl.
Mineola, New York 11501
(516) 248-3300
207 Greene Street, Rm. 508
Utica, New York 13501
(315) 793-2444
Adam Clayton Powell, Jr.
State Office Building
163 West 125th Street
New York, NY 10027
(212) 961-4475
317 Washington Street
Watertown, New York 13601
(315) 785-2225
70 Clinton Street
Plattsburgh, New York 12901
(518) 562-3282
3) If all else fails, consider Small Claims Court. According to
TenantNet.com, "Small Claims Court has jurisdiction over disputes and
claims involving amounts up to $2,000. Such claims include unreturned
rent security
deposits. The court's process is simple, a lawyer is not required and
cases are heard in the evening. Filing a Small Claims summons costs
about five dollars, and notice of the summons is sent by the court to
the landlord, telling him of the claim and the date of the hearing.
Compared to all other strategies, Small Claims Court may be the most
effective. Just receiving a summons may induce the landlord to return
all or a portion of the deposit. If not, there will be an appearance
before a judge or arbitrator, (landlord's choice; an arbitrator speeds
the process, but the right of appeal is waived). If the landlord runs
the building as a corporation, he must appear represented by an
attorney. This can be expensive and may motivate him to return the
security deposit."
Good Luck!
Poor living conditions...
