Title 9 Part 2505

Evasion

directly or indirectly, in connection with the renting or leasing or the transfer of a lease of housing

accommodations by requiring the tenant to pay, or obligate himself for membership or other fees, or by

modification of the practices relating to payment of commissions or other charges, or by modification of

the services furnished or required to be furnished with the housing accommodations, or otherwise.

(b)

the tenant, it shall be the duty of the owner to provide the tenant with a written receipt containing

the following:

check. If such request is made, the owner shall provide the tenant with the receipt described in

paragraph (1) of this subdivision.

managing agent or designee thereof. A failure to comply with the provisions of this subdivision

shall constitute an evasionary practice.

such tenant’s tenancy. The owner shall maintain a record of all cash receipts for rent for at least

three years unless a longer period is required by other provisions of this Title.

issued immediately to a tenant. If a payment of rent is transmitted indirectly to an owner, a tenant

shall be provided with a receipt within fifteen days of such rent payment.

within five days of the date specified in a lease agreement, such owner shall send the tenant, by

certified mail, a written notice stating the failure to receive such rent payment. The failure of an

owner or an agent of the owner authorized to receive rent to provide a tenant with a written notice

of the non-payment of rent may be used as an affirmative defense by such tenant in an eviction

proceeding based on the non-payment of rent.

Regardless of any contract, agreement, lease or other obligation heretofore or hereafter entered into, no person shall demand, receive or retain a security deposit for or in connection with the use or occupancy of housing accommodations, which exceeds the rent for one month in addition to the authorized collection of rent; provided, however, that where a lease in effect on December 1, 1983 validly required a greater security deposit, such requirement may continue in effect during the term of such lease and any renewals thereof with the same tenant. However, no owner shall demand, receive or retain a security deposit or advance payment for or in connection with the use or occupancy of a housing accommodation by any tenant who is 65 years of age or older, which exceeds the rent for one month for any lease or lease renewal entered into after July 1, 1996. Such security deposits shall be subject to the following conditions:

It shall be unlawful for any officer or employee of the division, or for any official advisor or consultant to the division, to disclose, otherwise than in the course of official duty, any information obtained under the act, or to use any such information for personal benefit.

It shall be unlawful for any landlord or any person acting on his behalf, with intent to cause the tenant to vacate, to engage in any course of conduct (including, but not limited to, interruption or discontinuance of essential services or filing of false documents with or making false statements to the division) which interferes with or disturbs or is intended to interfere with or disturb the comfort, peace, repose or quiet of the tenant in his use or occupancy of the housing accommodations.

Such increases shall remain part of the legal regulated rent for any subsequent renewal lease.