NYC tenants get security deposits back after spotlight on landlord.
‘It Shouldn’t Take a News Article’
A trio of tenants who took their landlord to court to reclaim their apartment security deposits say they finally got their money back days after Gothamist reported on their legal efforts.
Former roommates Alice Liao and Numa Briet said they received their $4,400 check, plus $100 interest, on Dec. 17 — a week after Gothamist reported on their experience and more than a year after they moved out of their Greenpoint apartment. Another former tenant of the same building, Azu Roma, left in July 2022 and said she finally received the $2,725 she was owed on Dec. 11, a day after Gothamist’s story was published.
“I’m happy to have my money back, though it shouldn’t take all this rigmarole to have that money returned to me when it’s legally required,” Roma said.
Thousands of New York City renters have reported their landlords for not returning their security deposits since the start of 2023, according to the state attorney general’s office. But actually getting back that money is difficult — even if the attorney general’s intervenes or the tenant wins in court.
Briet and Liao sued the landlord, Ches Parnes, in small claims court in October 2023 and won a judgement in April. But they said Parnes still failed to return the money, even after they hired a marshal to seize it from his bank account.
Briet said the process showed the legal system can only do so much for tenants.
“I wouldn’t call it justice, because the justice system was a failure,” Briet said. “But it’s nice to have it back.”
Tenant advocates say it should be easier for renters to get the money they are entitled to.
“We hear from tenants all the time who pay their rent and don’t get their security deposits,” Judith Goldiner, the top attorney in the Legal Aid Society’s Civil Reform Unit, said. “It shouldn’t take a news article to get people their money back.”
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Another tenant, Alexandria Glasper, said she has yet to receive the money a judge ordered Parnes to pay her. Glasper sued to reclaim the $2,500 security deposit she and a roommate handed over when she moved into a Bed-Stuy apartment in 2022. A judge awarded her half the deposit earlier this month — nearly a year and half after she moved out.
She said Parnes has not responded to her messages.
Reached by phone on Dec. 13, Parnes said he was too busy to talk about his plans to repay tenants. He did not respond to another phone call on Friday.
He previously told Gothamist he had “reasons” to not return the deposits and should have appeared in court to explain himself. Texts and emails that tenants shared with Gothamist show Parnes told each of them he had already sent or would be sending the money when they moved out.
Parnes said he kept Glasper’s deposit because he thought she moved out two days later than she was supposed to. Glasper said that isn’t true and showed Gothamist a text message from August 2023 where Parnes told her he had sent a check.
Landlords often do have valid reasons for withholding security deposits, like when a tenant damages an apartment beyond normal wear and tear or skips out on a last month’s rent.
But Goldiner, the Legal Aid attorney, said state law nevertheless requires the landlord to inform tenants of those reasons within 14 days after leaving their apartments.
“The laws are very strict about security deposits,” Goldiner said.
She urged state Attorney General Letitia James to identify property owners who are routinely accused of withholding money from tenants and hold them accountable.
A spokesperson for James told Gothamist the office has received roughly 9,200 complaints about landlords withholding security deposits since the start of 2021. The spokesperson said the office has received 14 complaints about Parnes, who owns at least eight apartment buildings in Brooklyn and the Bronx.
Landlords and their representatives say they’re dealing with their fair share of problems and are often justified in withholding the money.
Kenny Burgos, the CEO of the newly formed New York Apartment Association, a trade group for rent-stabilized apartment owners, said his organization reminds members about security deposit rules and finds that the vast majority of its members return the money on move-out day if the apartment is in good condition.
Still, he added, the “two-week turnaround can be difficult if the damage needs to be reviewed by a plumber, electrician or other expert trades.”
Source: Gothamist
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