While, under the circumstances presented, plaintiff was entitled to the return of the $2,200 security deposit, she failed to prove her entitlement to interest on the deposit. A tenant is entitled to interest on a security deposit only where the lease{**19 Misc 3d at 35} provides for same (see 1 Dolan, Rasch's Landlord and Tenant—Summary Proceedings § 13:25, at 588 [4th ed]), or the apartment is rent stabilized (see Rent Stabilization Code [9 NYCRR] § 2525.4 [a]) or the building in which the apartment is located contains six or more family dwelling units (General Obligations Law § 7-103 [2-a]). Since plaintiff did not establish the existence of any of these factors, she failed to demonstrate that she was entitled to interest on her security deposit. Accordingly, the judgment is reversed and judgment is directed to be entered in favor of plaintiff in the principal sum of $2,200.
Golia, J. (concurring in part and dissenting in part, and voting to reverse the judgment and award plaintiff the sum of $1,100). In this small claims action in which claimant is seeking the return of her security deposit, it is undisputed that at the commencement of the tenancy she deposited $1,100 as security with defendant landlord, and her cotenant also deposited an equal amount. They then both jointly entered into possession of the premises.
After several years, the cotenant moved out and demanded the return of his security deposit from defendant. In fact, the cotenant sent defendant a letter in which he demanded the return of his $1,100 security deposit. That letter was entered into evidence, and defendant acknowledged that he did not return that money to the cotenant and told the cotenant to first talk to plaintiff.