N.Y. Comp. Codes R. & Regs. tit. 9, § 2205.5
(b) if the demand, collection or retention of such security deposit was pursuant to a rental agreement with the tenant, and said security deposit does not exceed the rent for one month (or for one week where the rental payment period is for a term of less than one month) in addition to the authorized collection of rent, provided in all cases:
(3) the balance of the interest paid by the banking organization shall be held in trust until applied for the rental of the housing accommodations, or until paid to the tenant not less often than annually by check or cash;
and provided further, with respect to properties or building containing six or more family dwelling units, nothing set forth in this section shall be construed to relieve any person receiving or retaining any rent security deposit for or in connection with the use or occupancy of any dwelling unit therein from complying and continuing to comply with the requirements of article 7 of the General Obligations Law.
Regardless of any contract, agreement, lease or other obligation heretofore or hereafter entered into, no person shall demand, receive or retain a security deposit for or in connection with the use and occupancy of housing accommodations, except: