Q: Timeline for NY security deposit return after move-out?

A: Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).

Itemized Statement: If the landlord deducts any amount from the security deposit, they must provide the tenant with an itemized statement within that same 14-day period. This statement must list each specific deduction and the reason for it.

Applying this to Your Situation:

You moved out on January 31, 2025.

Your landlord had until February 14, 2025 (14 days later) to either return your full deposit OR provide you with the itemized list of deductions explaining why the full amount wasn't being returned.

You mentioned your landlord did provide a written explanation and itemized list. The critical question is: When did you receive this list? Was it postmarked or delivered by February 14, 2025?

Consequences of Missing the Deadline:

If the landlord failed to provide the itemized statement within the 14-day timeframe, they may forfeit their right to retain any portion of the security deposit, regardless of whether there were damages or cleaning costs.

A: You're right to be asking these questions, especially when residents may be carrying the financial burden of a program that doesn’t align with the CCRC’s core mission. A non-profit must ensure that its operations are primarily focused on its charitable purpose—in this case, serving the needs of older adults. If a preschool operates independently and lacks clear, measurable benefit to residents or staff, it risks being seen as an unrelated business that could draw scrutiny from regulators.

The IRS allows some unrelated business activity, but only if it’s limited in scope and doesn’t take priority over the organization’s tax-exempt mission. If resident fees are helping fund the preschool, or if common areas meant for seniors are repurposed for childcare without clear consent or transparency, that could raise serious legal and ethical issues. The lack of observed employee participation in the preschool may further weaken the justification for its existence within the nonprofit framework.

You have every right to ask for clear financial reporting and explanations of how the preschool fits into the community’s goals. If those answers aren’t provided, or if you suspect funds are being misused, you can bring concerns to the board or to the IRS’s Exempt Organizations Division. You’re not being difficult—you're standing up for the integrity and sustainability of the place you call home.