Public Assistance and Security Deposits
© 1997 by Neighborhood Legal Services, Inc.
____________________________________________________________

Does the Department of Social Services pay for security deposits?

     Sometimes. DSS may provide a security deposit either by a "security agreement" with the landlord or by a cash security deposit. A security agreement is a form DSS gives the landlord promising to pay damages you owe when you move out. In return, the landlord will let you move in without paying a security deposit. If you get a security agreement and DSS ends up having to pay your landlord, it will be taken out of your grant.

Under what circumstances will DSS issue the security deposit/agreement for your new apartment?

DSS should take care of your security deposit if you meet one of the following:

1. You are moving to a cheaper place.
2. Your previous home was condemned or destroyed.
3. You had to move because of a medical problem or physical handicap.
4. The person you had been staying or living with made you leave.
5. You are moving out of temporary housing.
6. You have to move into temporary housing because you do not have permanent housing.
7. You have to move because of dangerous conditions in your previous home.

How do you get a security deposit/agreement?

     You have to ask. You can ask verbally, but it is best to use the attached form. Just check the block for "security deposit/agreement," sign and date the form, and bring it to the first floor of the Rath Building. Please remember the name of the emergency worker you give it to. Keep a copy.

     If you do not hear anything within a few days, you should call the Housing Unit at 858-6124 and ask about your request.

What if you cannot find a landlord who will take a security agreement?

     Many landlords in Erie County will not take security agreements. If you cannot find a landlord who will accept an agreement, DSS should pay a cash security deposit. You will have to prove that you have looked for a landlord who would let you move in without a cash security deposit.

     You should keep track of all the apartments you called about or looked at. When you are looking, write down the address, the landlord's name, how much the rent is, and why you could not rent each apartment. Also, ask each landlord whether s/he will accept a security agreement from DSS. Write down the landlord's response. See attached form.

What if DSS refuses to help you?

     If you think you should have been given a security deposit, but DSS refuses, you should ask for a decision in writing and request a fair hearing. Notify NYSDSS by telephone, fax, or mail that you want a fair hearing. You can write on the back of your notice the reason for requesting the hearing. If you phone, get the name of the person you speak to. If you write, send your letter by certified mail and keep a copy. The correct address is:

New York State Department of Social Services
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Telephone No. (716) 852-4868
Fax No. (518) 473-6735 (you must have form from Albany)

     If you have no place to stay, you should ask for an "expedited" hearing. NYSDSS will determine if you have an emergency and may schedule the hearing more quickly.

    Feel free to call our office for help at 847-0650 if you have been denied. We can tell you what to do for a Fair Hearing, or we may agree to take your case.

Return to Table of Contents | NLS Home Page | Search the NLS Website