Lucas A. Ferrara in the New York Times Real Estate Section:
Security Deposit on Regulated Rental

September 5, 2004

Q We have lived in a rent-stabilized apartment for the last 29 years. Our lease just expired, and our landlord refuses to give us our copy of the new lease unless we pay additional security of $403.01.

The landlord has our original security deposit of $250, paid in 1975. Even though our landlord refuses to give us a copy of the signed lease, he has accepted our first rent check at the new renewal rate. What are our legal obligations? . . . John Condiles Jr., Brooklyn.

A Lucas A. Ferrara, a Manhattan real estate lawyer, said that with regulated tenants, a landlord may collect a security deposit of only one month's rent.

"When a lease is renewed and the rent is increased, the landlord also has the right to demand payment of a corresponding increase in the security deposit," Mr. Ferrara said.

But, he said, the landlord's failure to demand such increases at the time he was entitled to them could constitute a waiver of the right to collect those sums at a later date.

Even if there is no waiver, Mr. Ferrara said, the landlord would be entitled to collect only increases that accrued over the past six years, the length of the statute of limitations.

Mr. Ferrara said that the landlord has an obligation to provide the letter writer with a copy of the renewal lease. So, he said, the letter writer should file a complaint with the State Division of Housing and Community Renewal asking it to order the landlord to provide the copy.