An RPAPL §745(2) Order, commonly called a rent deposit order, is an order from the Housing Court in a summary proceeding which orders the tenant or occupant to pay rent or use and occupancy. The law requires the court to order rent which has accrued since the service of the petition and ongoing rent as it becomes due. While there are a few defenses that can be established at a hearing in response to an application for a rent deposit order, generally, a rent deposit order is available to a landlord after a tenant or occupant makes a second adjournment application or after the case has been on the court’s calendar for more than thirty days. The rent deposit order preserves the status quo of a case while the case is being litigated.
It’s important for litigants in summary proceedings to be aware that if the Rent Deposit Order is based on at least two adjournments, the court is required to include adjournments to obtain counsel as a basis for ordering the Rent Deposit Order. If the Housing Court orders a Rent Deposit Order, and there is a default by the tenant or occupant, the penalties can be severe for a tenant or occupant. In some cases, violation of a Rent Deposit Order leads to forfeiture of the tenancy.