New Paltz Town, N.Y., Code of Ordinances ch. 94 (eCode360 ed. 2026) § 94-7
Burden of proof
Operative Text
In any court action brought by a tenant for the return of the security deposit, the landlord shall bear the burden of proving that the withholding of the security deposit or any portion of it was justified.
Under New Paltz Town Code ch. 94 § 94-7, when a tenant files a court action to recover a withheld security deposit, the legal burden of proof shifts to the landlord rather than the tenant. This means the landlord must affirmatively demonstrate that any amount kept from the deposit was justified, rather than the tenant having to prove the withholding was wrongful. This allocation of the burden of proof is a notable departure from the general civil litigation default, where the party bringing the claim typically bears the burden.
Plain English — not legal advice.
Under New Paltz Town Code ch. 94 § 94-7, landlords who withhold any portion of a security deposit bear the burden of justifying that withholding if the matter reaches court. Compliant operators generally maintain thorough move-in and move-out documentation—such as dated inspection reports, photographs, and itemized repair receipts—that can substantiate any deductions. Keeping organized records from the start of a tenancy is a standard practice that supports a landlord's ability to meet this burden.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
New Paltz Town Code ch. 94 § 94-7 provides tenants with a meaningful procedural advantage: if a tenant brings a court action to recover a withheld security deposit, the landlord—not the tenant—must prove the withholding was justified. Tenants who believe their deposit was improperly withheld may consider filing a court action in the appropriate local court, consulting a tenant-rights organization, or reaching out to a local legal aid office to understand available options. Documenting the condition of the rental unit at move-in and move-out can help support a tenant's position in any such proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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