New Paltz Village, N.Y., Code of Ordinances ch. 129 (eCode360 ed. 2026) § 129-20
Wrongful retention of security deposit
Operative Text
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 § 129-19A herein, 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.
New Paltz Village Code § 129-20 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 § 129-19A. 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 — though these enhanced remedies are not available when the landlord made a good-faith, documented estimate and returned the remaining balance on time.
Plain English — not legal advice.
Under § 129-20, operators who comply with the 21-day deadline established in § 129-19A and document any deductions with receipts or invoices generally shield themselves from the provision's enhanced penalties. Compliant landlords typically maintain organized records of move-out conditions, repair costs, and unpaid rent so that any written itemization provided to the tenant is well-supported. A landlord's history of handling security deposits across multiple tenancies may also be considered by a court when evaluating whether treble damages or attorney's fees are appropriate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 129-20 of the New Paltz Village Code gives tenants a legal basis to seek additional compensation when a landlord fails to return a security deposit or provide a written itemization within 21 days of move-out. If the deadline is missed without good cause, the tenant may be owed an automatic 25% surcharge on the full 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 the complaint and small claims court processes available in New York State.
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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Rules and statutes that cite this regulation