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The Cfb003Nyc form is a critical document for New York City tenants facing issues with their landlords over security deposits. Security deposits, meant to cover damages or unpaid rent, must by law be placed in trust accounts and accrue interest over time. This form serves as a formal complaint to the Attorney General's office when a landlord has allegedly failed to handle these deposits according to the regulations. Tenants who find themselves without their security deposit upon moving out or who learn that their landlord has not properly secured these funds have recourse through this process. Importantly, the form is only applicable after the tenant has attempted to resolve the issue directly with the landlord, signaling a formal escalation of the dispute. In addition to basic identification and contact information, the form requires detailed information about the rental agreement, the specifics of the complaint, and any previous attempts to resolve the matter, including court proceedings. Attached documentation, such as lease agreements or correspondence with the landlord, strengthens the complaint. Additionally, the guideline emphasizes that separate complaints should be filed by each tenant, underlining the personalized nature of each case. The completion and submission of this form signify a tenant's plea for intervention by the Attorney General's office, aiming to enforce laws that protect tenants from unfair practices concerning security deposits.

Cfb003Nyc Sample

The Attorney General investigates complaints that a landlord has failed to place security deposits in trust accounts or to pay interest on rent security deposits. We also try to assist tenants who complain that a landlord failed to return the rent security when the tenant moved out. If, however, the landlord refuses to return your security deposit because your landlord says that you failed to pay rent or damaged the apartment, you must generally go to Small Claims Court to resolve the dispute. Before forwarding this complaint to our office, you must attempt to resolve the matter with your landlord.

Please complete this form only if your attempt to resolve your complaint with the landlord has been unsuccessful. Each tenant should submit a separate complaint form. You may duplicate this form or obtain additional copies from our office.

Be sure to attach a copy (NOT THE ORIGINAL) of your lease, receipt or other evidence that you paid a security deposit and any other pertinent letters or documents.

PLEASE PRINT

1.YOUR NAME: ADDRESS (CURRENT)

 

 

 

Street No.

 

 

Apt. No.

 

 

 

 

 

 

 

 

 

 

 

 

City

State

Zip Code

 

TELEPHONE:

HOME

 

 

BUSINESS

 

 

 

 

 

ADDRESS OF APARTMENT INVOLVED, IF DIFFERENT FROM CURRENT ADDRESS: Apt. No.

 

 

 

 

 

 

 

 

 

 

 

Street No.

 

City

 

State

 

Zip Code

 

2.FORMER OR CURRENT LANDLORD INVOLVED IN THIS COMPLAINT:

ADDRESS

 

 

TEL.:

 

 

Street No.

City

State

Zip Code

3. MANAGING AGENT'S NAME:

 

 

 

ADDRESS:

 

 

TEL.:

 

 

Street No.

City

State

Zip Code

4.APPROXIMATE NUMBER OF APARTMENTS IN BUILDING:

5.YOUR COMPLAINT CONCERNS:

()

()

()

Landlord failed to return rent security deposit.

Landlord failed to place security deposits in trust account. Landlord failed to pay interest on security deposit.

6.

(a) AMOUNT OF SECURITY DEPOSIT AND DATE PAID: $

 

Date:

 

(b) MOST RECENT MONTHLY RENT: $

 

 

 

 

CFB003NYC - (REV. 10/12)

1

7.(a) DATE YOU MOVED INTO APARTMENT:

 

(b) DATE YOU MOVED OUT OF APARTMENT (if applicable):

 

(c) TERM OF FIRST LEASE:

 

 

 

 

 

to

 

 

 

 

 

 

 

 

8.

YOUR APARTMENT IS:

(

)

Rent Controlled

( )

Rent Stabilized

9.Date you complained to the landlord:

 

Person contacted:

 

 

By phone:

 

Letter:

 

 

 

 

In person:

 

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

10.

Have there been any court proceedings regarding your rent security deposit?

 

(

)

Yes

(

)

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Has there been any other litigation concerning your apartment? If so, briefly summarize the issues.

11.If the building has changed landlords during your residence, please list them in order, starting with first. Use your recollection or your own records (such as rent checks or receipts) to prepare the list. Feel free to add a page if more space is needed.

LANDLORD'S NAME, ADDRESS

PERIOD OF OWNERSHIP

 

MANAGING AGENT'S NAME,

AND TELEPHONE NUMBER

FROM -- TO

ADDRESS & TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12.Indicate the amount of interest, if any, you have received on your security deposit and the period involved.

SPACE FOR ADDITIONAL INFORMATION, ANSWERS OR COMMENTS:

IMPORTANT: In order to resolve your complaint, we may send a copy of this form to the parties you have named.

In filing this complaint, I understand that the Attorney General is not my private attorney, but represents the public in enforcing laws designed to protect the public from misleading or unlawful business practices. I also understand that if I have any questions concerning my legal rights or responsibilities, I should contact a private attorney. I have no objection to the contents of this complaint being forwarded to the landlord the complaint is directed against. The above complaint is true and accurate to the best of my knowledge.

I also understand that any false statements made in this complaint are punishable as a Class A Misdemeanor under Section 175.30 and/or Section 210.45 of the Penal Law.

DATE:

 

TENANT'S SIGNATURE:

CFB003NYC - (REV. 10/12)

2

 

File Overview

# Fact
1 The form is designed for tenants to report landlords who fail to adhere to regulations regarding security deposits.
2 Before submitting a complaint, tenants are required to attempt to resolve the issue with their landlord.
3 The form can be used to report multiple issues, including failure to return, properly store, or pay interest on security deposits.
4 Tenants must attach supporting documentation but are advised not to send the original documents.
5 If a landlord claims the tenant failed to pay rent or caused apartment damage, tenants are generally directed to Small Claims Court.
6 Each complaint form must be filled out individually, even if multiple tenants are affected.
7 The form requests detailed information, including the landlord and managing agent's name and contact details, apartment information, and lease specifics.
8 Questions on the form cover the history of the tenancy, including any changes in landlord and any court proceedings related to the rent security deposit.
9 Upon submission, the complaint may be forwarded to the named landlord as part of the investigation process.
10 Filing the complaint does not create an attorney-client relationship with the Attorney General's office; the office represents the public interest.

Cfb003Nyc: Usage Guidelines

When residents of New York City find themselves grappling with issues concerning the return of a rent security deposit, the CFB003NYC form serves as a crucial step in seeking intervention from the Attorney General's office. This document is specifically designed for situations where a landlord has allegedly failed to comply with laws regarding security deposits--whether by not returning the deposit, failing to place it in a trust account, or neglecting to pay interest on it. Filling out this form accurately and providing all required documentation is essential for the Attorney General's office to assess and potentially act on a complaint.

  1. Begin by clearly printing your full name where indicated as "YOUR NAME".
  2. Under "ADDRESS (CURRENT)", enter your current residence details, including street number, apartment number, city, state, and zip code.
  3. Provide your "TELEPHONE" numbers, detailing both home and business contacts if applicable.
  4. If the address of the apartment involved in the complaint differs from your current address, supply these details under "ADDRESS OF APARTMENT INVOLVED, IF DIFFERENT FROM CURRENT ADDRESS".
  5. Enter the name and address of the "FORMER OR CURRENT LANDLORD INVOLVED IN THIS COMPLAINT" along with their telephone number.
  6. Fill in the "MANAGING AGENT'S NAME" and their contact details if a managing agent is involved.
  7. Under "APPROXIMATE NUMBER OF APARTMENTS IN BUILDING", estimate or provide the exact number of units.
  8. Identify the nature of your complaint by marking the appropriate box(es) concerning the landlord's actions with the security deposit.
  9. Provide details about the "AMOUNT OF SECURITY DEPOSIT AND DATE PAID" as well as the "MOST RECENT MONTHLY RENT".
  10. Indicate the dates relevant to your occupancy in the apartment, including when you moved in, moved out (if applicable), and the terms of your first lease.
  11. Specify whether your apartment is rent-controlled or rent-stabilized.
  12. Detail any attempts to resolve the matter with your landlord, including dates and methods of communication.
  13. Answer questions regarding prior court proceedings or litigation related to your apartment.
  14. If applicable, list any changes in landlords during your tenure, including their names, addresses, periods of ownership, and contact information for managing agents.
  15. Disclose any interest received on your security deposit, clarifying amounts and the period it covers.
  16. Use the space provided for any additional information, answers, or comments related to your complaint.
  17. Finalize the form by acknowledging the statements concerning the role of the Attorney General and the veracity of your complaint. Sign and date the document at the bottom.

After completing the CFB003NYC form, the next step involves gathering and attaching a copy (not the original) of your lease or any receipt that serves as evidence of your security deposit payment. It's also advisable to include any pertinent letters or documents that could bolster your complaint. Once all materials are compiled, they should be submitted to the Attorney General’s office as per the instructions provided. This submission represents a request for the Attorney General to review the complaint under the laws designed to protect the public from misleading or unlawful business practices relating to security deposits. Remember, each tenant with a grievance must submit a separate complaint form to ensure individual situations are adequately addressed.

FAQ

  1. What is the purpose of the Cfb003Nyc form?

    The Cfb003Nyc form is designed to facilitate complaints to the Attorney General regarding landlords who fail to adhere to obligations concerning security deposits. Specifically, it addresses issues where a landlord has not placed security deposits in trust accounts, has not paid interest on these deposits, or has failed to return the security deposit upon the tenant moving out.

  2. Who should fill out this form?

    Any tenant who has unsuccessfully attempted to resolve a dispute directly with their landlord regarding the handling or return of a security deposit should complete this form. It is important that each tenant submits a separate complaint form to ensure individual cases are thoroughly investigated.

  3. What should be attached to the form when submitting?

    When submitting the Cfb003Nyc form, tenants should attach copies of their lease, receipts or other proofs of security deposit payment, and any relevant letters or documents that can support their complaint. Original documents should be kept by the tenant for their records.

  4. What steps should be taken before submitting a complaint to the Attorney General's office?

    Before a complaint is forwarded to the Attorney General's office, tenants must first attempt to resolve the matter directly with their landlord. It is only if these attempts are unsuccessful that the Cfb003Nyc form should be completed and submitted.

  5. What if the landlord claims the security deposit is withheld due to unpaid rent or damage to the apartment?

    In situations where the landlord withholds the security deposit due to claims of unpaid rent or apartment damage, the tenant is generally required to pursue the matter in Small Claims Court. The Cfb003Nyc form is not applicable in these circumstances.

  6. Can the form be duplicated?

    Yes, tenants may duplicate the Cfb003Nyc form if multiple submissions are necessary. Additional copies of the form can also be obtained directly from the office handling these complaints.

  7. What happens after the form is submitted?

    Upon submission, the Attorney General's office may forward a copy of the complaint to the involved parties as part of the investigation process. This step is crucial for facilitating resolution between the tenant and the landlord.

  8. How does filing this complaint affect the tenant's rights?

    By filing a complaint using the Cfb003Nyc form, tenants are seeking the assistance of the Attorney General as a public enforcer of laws and not as a private legal representative. It is recommended that tenants consult with a private attorney for questions regarding their specific legal rights or responsibilities.

  9. Are there any legal repercussions for false statements made in the complaint?

    Yes, any false statements made within the complaint are considered a serious offense, punishable as a Class A Misdemeanor under relevant sections of the Penal Law. It is crucial that all information provided in the form is accurate and truthful to the best of the tenant's knowledge.

Common mistakes

Filling out the Cfb003Nyc form is crucial when dealing with issues regarding your rent security deposit with a landlord in New York City. However, there are common mistakes that people make when completing this document that can potentially hinder the process of resolving their complaints. To ensure you navigate this process with better clarity and accuracy, here are key pitfalls to avoid:

  1. Not attempting to resolve the issue with the landlord first: Before you deliver your complaint to the Attorney General's (AG) office, it's imperative that you've tried to settle the dispute with your landlord directly. This form should only be completed if these attempts have failed, yet people often skip this crucial step.
  2. Failing to provide individual complaints: If multiple tenants are affected, each one must submit a separate complaint form. Often, tenants band together and submit one form, which doesn't comply with the AG office's requirements.
  3. Omitting supporting documentation: It's necessary to attach copies (not originals) of any relevant documents, like your lease or receipts proving your security deposit payment. Many forget this vital aspect, leading to a lack of evidence to support their claim.
  4. Inaccurate or incomplete information: Errors or omissions can severely delay the processing of your complaint. Make sure every detail, especially in sections concerning personal information, the nature of your complaint, and details about the apartment and landlord, is accurate and complete.
  5. Overlooking the box markers: The form contains sections where you're supposed to tick boxes applicable to your situation (for example, the nature of your complaint). Sometimes, people skip these or fail to properly mark their responses, leading to ambiguity in their complaints.
  6. Not specifying communication attempts: Detailing your efforts to contact the landlord and resolve the issue is crucial. Dates and methods of communication are often left blank or are incomplete on many forms.
  7. Ignoring court proceedings questions: Questions related to previous court proceedings or litigation concerning the apartment must be answered. Some tenants leave these sections blank, not recognizing the importance of disclosing legal history relevant to their current complaint.
  8. Forgetting to sign and date the form: The entire complaint process can be stalled if you forget to sign and date the form, confirming the truthfulness of your statements and understanding of the AG office's role. A surprising number of submissions are delayed because of this simple oversight.

To ensure your complaint is processed smoothly and efficiently, make it a priority to steer clear of these mistakes. Careful attention to detail and thorough preparation can significantly influence the outcome of your dispute with your landlord. Always remember, the goal is to present your case clearly and accurately to facilitate a prompt and fair resolution.

Documents used along the form

When dealing with rental disputes, particularly those that necessitate filling out the CFB003NYC form, it's crucial to gather and prepare additional documents to support your case. These documents not only augment the details provided in the complaint form but also ensure that the reviewing authorities have a comprehensive understanding of the circumstances surrounding the dispute. The following documents often complement the CFB003NYC form in these situations.

  • Copy of the Lease Agreement: This document is imperative as it outlines the terms and conditions agreed upon by both the tenant and the landlord. It serves as a primary point of reference for resolving disputes related to security deposits, rent payments, and property maintenance responsibilities.
  • Rent Receipts or Bank Statements: Providing proof of rent payments and any security deposit handed over to the landlord can help substantiate your claim. Rent receipts or bank statements showing these transactions are critical for establishing a timeline and proof of payments.
  • Correspondence between Tenant and Landlord: Any letters, emails, or records of phone conversations regarding the dispute should be included. This correspondence can offer insight into the attempts made to resolve the issue and the responses from both parties involved.
  • Photographic Evidence: In cases where the dispute involves property damage or maintenance issues, photographs serve as a powerful tool to document the conditions of the apartment. This visual evidence can support claims of unjustified security deposit deductions or neglected repairs.

Gathering these documents in preparation for submitting the CFB003NYC form is a step towards a more organized and persuasive argument. By providing a complete and detailed account, along with supporting evidence, tenants can effectively communicate their issues and seek appropriate resolutions to their disputes. Remember, accurate and thorough documentation is key to navigating through the complexities of rental disputes.

Similar forms

The CFB003NYC form, concerning disputes over security deposits between tenants and landlords, shares similarities with small claims court filing documents. Small claims courts often require documentation to support claims involving financial disputes, such as failure to return a security deposit. Just like the CFB003NYC, these documents require detailed information about the parties involved, a clear statement of the issue, and evidence such as contracts or receipts to back up the claim. The goal of both types of documents is to provide a structured way to present a conflict to an authority, seeking resolution or restitution.

Another similar document is the tenant's complaint form, which is used in many housing agencies or departments. This form allows tenants to report issues regarding their living conditions, such as violations of health and safety codes or failure by the landlord to conduct necessary repairs. Similar to the CFB003NYC form, it collects detailed information about the complaint, including the landlord’s identity and the nature of the grievance. However, while the CFB003NYC focuses on security deposits, tenant complaint forms cover a broader range of issues.

The CFB003NYC form also shares characteristics with a lease agreement, albeit indirectly. A lease agreement outlines the responsibilities and rights of the landlord and tenant, including the handling of security deposits. While a lease agreement itself is a binding contract, the CFB003NYC form acts as a tool for recourse when terms regarding the security deposit in the lease agreement are not honored. Both documents require detailed information about the rental arrangement, and both serve to define the expectations and obligations of each party.

Also, the bank dispute form, used by individuals to dispute transactions or report unauthorized usage of bank accounts, mirrors the process outlined in the CFB003NYC form. Both require the claimant to provide a detailed account of the dispute, complete with pertinent personal information and evidence supporting their claim. While bank dispute forms deal with financial transactions with a bank or financial institution, the CFB003NYC deals with transactions between a tenant and a landlord. The underlying similarity lies in the structured approach to seeking resolution of a financial discrepancy.

Lastly, a property condition checklist completed at the time of moving into and out of a rental unit bears resemblance to the CFB003NYC form. This checklist typically documents the condition of the property to ensure that tenants are not held responsible for pre-existing damages which could unfairly affect the return of their security deposit. Like the CFB003NYC, it is a preventative measure designed to protect the financial interests of the tenant, offering proof of the state of the property that can be crucial in disputes over security deposits.

Dos and Don'ts

When dealing with a situation where your security deposit is in dispute, accurately filling out the Cfb003Nyc form is crucial. This process involves presenting your case to the Attorney General's office if your landlord has failed to return your security deposit, has not placed it in a trust account, or hasn't paid the interest due on this deposit. Here are some essential dos and don'ts to consider:

Dos:

  1. Make sure to attempt resolving the issue with your landlord directly before submitting the form. Documentation of these efforts should be included.
  2. Fill the form out completely, providing all the required details such as your name, current and previous addresses, landlord's information, and specifics about the apartment and your lease.
  3. Attach copies of all relevant documents, such as the lease agreement, receipt of your security deposit, any correspondence with the landlord, and records of attempts to resolve the issue. Remember, do not send the original documents.
  4. Review your complaint for accuracy and completeness before submission, ensuring that every statement is truthful and that you've included all pertinent information to support your case.

Don'ts:

  • Do not submit the form without first trying to solve the matter directly with your landlord. This attempt is a crucial step and must be documented.
  • Avoid leaving any section of the form blank. If a particular section does not apply to your situation, indicate this with "N/A" or "not applicable."
  • Do not attach the original documents. Always send copies and keep the originals for your records.
  • Refrain from exaggerating or falsifying any information on the form. Honest and accurate details are key to resolving your complaint effectively. Make sure all information provided is true to the best of your knowledge to avoid the potential for legal consequences associated with false statements.

Misconceptions

There are several misconceptions about the CFB003NYC form that individuals may have when attempting to address issues related to security deposits with their landlords. Understanding these misconceptions can help tenants navigate their rights and responsibilities more effectively.

  • Misconception 1: The form is a last resort for when a landlord refuses to return a security deposit. While it is true that the form is used to file complaints against landlords who fail to return security deposits, it is also utilized for situations where landlords do not place security deposits in trust accounts or fail to pay interest on these deposits. It is designed as a tool for a range of issues regarding security deposits, not just for retrieval efforts.

  • Misconception 2: You can complete the form on behalf of multiple tenants. Each tenant must submit a separate complaint form. This requirement ensures that each tenant's issues are individually documented and addressed. Duplication of the form is permitted, and additional copies can be obtained if needed, ensuring each tenant's concerns are heard.

  • Misconception 3: Original documents need to be attached to the form. When submitting this form, tenants should attach copies, not originals, of their lease, receipt, or other evidence of a security deposit payment, along with any pertinent letters or documents. This precaution preserves the original documents in the tenant's possession while still providing the necessary information to process the complaint.

  • Misconception 4: The Attorney General becomes the tenant's private attorney after filing the complaint. When filing a complaint using the CFB003NYC form, it is important to understand that the Attorney General represents the public interest in enforcing laws against misleading or unlawful business practices, and not on behalf of individual complainants as a private attorney would. Tenants are advised to seek independent legal advice for specific legal issues or rights concerning their situation.

Correcting these misunderstandings assists tenants in effectively using the CFB003NYC form to address their concerns with security deposits and ensures they have realistic expectations about the process and its outcomes.

Key takeaways

When dealing with landlord-tenant disputes regarding security deposits in New York City, the CFB003NYC form plays a crucial role in ensuring your grievances are officially heard and addressed. Here are four key takeaways to keep in mind while filling out and using this form:

  • Attempt Resolution First: Before submitting the CFB003NYC form, it's mandatory to try and resolve the issue directly with your landlord. This step is crucial and must be documented, as the form will ask for specific details about these attempts. If these efforts fail, then proceed with the complaint form.
  • Submit Separate Complaints: If there are multiple tenants involved in the same dispute, each one must fill out and submit their own form. This requirement underscores the importance of individual accounts of the situation, which can provide a comprehensive view of the dispute to the investigating authority.
  • Attach Pertinent Documents: Supporting documentation is essential for a thorough review of your case. Attach copies—not the originals—of your lease, receipts, or any letters and documents that substantiate your claim. These pieces of evidence are critical in establishing the validity of your complaint.
  • Understand the Role of the Attorney General: By filing this form, recognize that the Attorney General represents the public interest and is not acting as a private attorney on your behalf. While they work to enforce laws protecting citizens from deceitful or illegal practices, for personal legal advice or to understand your rights fully, consulting a private attorney is recommended.

Properly filled out and used, the CFB003NYC form is a valuable tool for tenants to assert their rights and seek resolution in disputes over security deposits. Remember, the clarity and comprehensiveness of the information you provide can significantly impact the outcome of your complaint.

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