NYS MSD Prohibition

Why I asked where you searched to begin with.

If you look at Turner v GMAC (and obviously if you have Westlaw or LN it’s easier to search)

Prior to its recent amendment, GOL § 7-101 permitted security deposits to be placed in non-interest bearing accounts. See Stuarco, Inc. v. Slafbro Realty Corp. , 289 N.Y.S.2d 883, 885 (App. Div. 1968). The New York legislature amended Section 7-101 in 1997; it now provides that security deposits of $750 or more pursuant to leases of at least 120 days in length must be placed in interest-bearing accounts but expressly permits the commingling of multiple security deposits in a single trust account. See N.Y. Gen. Oblig. Law § 7-101.1-a (McKinney 1999).

The captives cannot collect MSDs in NY over $750 unless each set of deposits is placed into its own interest-bearing escrow account.

The actual lawyers (@Ashleigh) are welcome to chime in anytime if I misspoke or missed anything.

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