New Paltz Town, N.Y., Code of Ordinances ch. 94 (eCode360 ed. 2026) § 94-6

Wrongful retention of security deposit

In Force
Verified 11/10/2026 · Next check 12/10/2026
New Paltz TownReturn Timeline

Operative Text

New Paltz Town, N.Y., Code of Ordinances ch. 94 (eCode360 ed. 2026) § 94-6
Absent good cause shown by the landlord, should the landlord fail to return the security deposit or provide the aforesaid written statement within the twenty-one-day period established in § 93-5, above, the landlord shall be liable to the tenant for an additional 25% of the entire security deposit in landlord's possession. Furthermore, in the event that the landlord willfully and without good cause fails to return all or a portion of the security deposit, a court may award to the tenant up to triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs. In determining whether to award such treble damages and/or attorney's fees, the court may consider the past practices of the landlord regarding return of other security deposits. Treble damages and/or attorney's fees shall not be awarded pursuant to this section where a landlord has made a good-faith estimate or has properly documented (e.g. with receipts, invoices) the amounts which properly should be withheld from the security deposit and has returned to the tenant the balance of the security deposit in a timely manner. Should the landlord, within the aforesaid twenty-one-day period, fail to return the entire security deposit or fail to provide the aforesaid written statement specifying the reasons for the retention of all or a portion of the security deposit, accompanied by full payment of the difference between the security deposit and the amount retained, it shall be presumed that the landlord is willfully and without good cause retaining the security deposit.
Source: Legislative text reproduced verbatim
Plain English

New Paltz Town Code § 94-6 establishes financial consequences for landlords who fail to return a security deposit or provide a required written accounting within the 21-day window set by § 93-5. A landlord who misses that deadline without good cause automatically owes an additional 25% of the total deposit held. If a court finds the withholding was willful and without good cause, it may award the tenant up to three times the wrongfully withheld amount, plus reasonable attorney's fees and court costs, with the landlord's history of deposit returns factored into that determination.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 94-6 of the New Paltz Town Code, compliant operators return the security deposit or deliver a detailed written statement—accompanied by any balance owed—within the 21-day period referenced in § 93-5. Landlords who document deductions with receipts or invoices and return the remaining balance on time are generally shielded from treble damages and attorney's fees. Missing the deadline without good cause triggers an automatic 25% surcharge on the full deposit and creates a legal presumption of willful withholding, which can expose a landlord to significantly greater liability.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 94-6 of the New Paltz Town Code gives tenants a legal basis to seek additional compensation when a landlord fails to return a security deposit or provide a proper written accounting within 21 days. If the landlord misses that deadline without good cause, tenants may be entitled to an extra 25% of the total deposit, and a court can award up to triple the wrongfully withheld amount plus attorney's fees if the withholding is found to be willful. Tenants who believe their deposit has been wrongfully retained may consider consulting a tenant-rights organization or reviewing options through local housing resources to understand the remedies available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

New Paltz Town Code § 93-5
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References In

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Related Rules

§ 1
Statement of damage
§ 76-1485
Rental deposit; return; withholdings; considered abandoned property; when.
§ § 42-52
Landlord's obligations.

Source Information

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Fetched:Nov 9, 2026, 09:16 PM UTC