(a)As used in this section, “walk-through” means a joint physical inspection of the dwelling unit by the landlord and the tenant, or their designees, for the purpose of noting and listing any observed conditions within the dwelling unit. On and after January 1, 2024, upon or after the entry into a rental agreement but prior to the tenant's occupancy of a dwelling unit, a landlord shall offer such tenant the opportunity to conduct a walk-through of the dwelling unit. If the tenant requests such a walk-through, the landlord and tenant, or their designees, shall use a copy of the preoccupancy walk-through checklist prepared by the Commissioner of Housing under subsection (c) of this section. The landlord and the tenant, or their designees, shall specifically note on the walk-through checklis
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(a) As used in this section, “walk-through” means a joint physical inspection of the dwelling unit by the landlord and the tenant, or their designees, for the purpose of noting and listing any observed conditions within the dwelling unit. On and after January 1, 2024, upon or after the entry into a rental agreement but prior to the tenant's occupancy of a dwelling unit, a landlord shall offer such tenant the opportunity to conduct a walk-through of the dwelling unit. If the tenant requests such a walk-through, the landlord and tenant, or their designees, shall use a copy of the preoccupancy walk-through checklist prepared by the Commissioner of Housing under subsection (c) of this section. The landlord and the tenant, or their designees, shall specifically note on the walk-through checklist any existing conditions, defects or damages to the dwelling unit present at the time of the walk-through. After the walk-through, the landlord and the tenant, or their designees, shall sign duplicate copies of the walk-through checklist and each shall receive a copy. (b) Upon the tenant's vacating of the dwelling unit, the landlord may not retain any part of the security deposit collected under chapter 831 or seek payment from the tenant for any condition, defect or damage that was noted in the preoccupancy walk-through checklist. Such walk-through checklist shall be admissible, subject to the rules of evidence, but shall not be conclusive, as evidence of the condition of the dwelling unit at the beginning of a tenant's occupancy in any administrative or judicial proceeding. (c) Not later than December 1, 2023, the Commissioner of Housing shall (1) prepare a standardized preoccupancy walk-through checklist for any landlord and tenant to use to document the condition of any dwelling unit during a preoccupancy walk-through under subsection (a) of this section, and (2) make such checklist available on the Department of Housing's Internet web site. (d) The provisions of this section shall not apply to any tenancy under a rental agreement entered into prior to January 1, 2024.