Landlord has not returned deposit after 7 weeks

you can call up and ask nicely.

they dont take my calls

small claims court, do it yourself.

Assuming you have called, left messages, and they have just not responded, then small claims court is probably the way to go: http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml.

One suggestion, though, is that you create a paper trail that makes it hard for them to change their story. One idea is to write them a letter or email explaining the situation: you are owed your deposit, they have not called back, and so forth, and that they need to send you your deposit by mail by the end of next week; if they have any questions or issues, they should send contact you by mail. Then after the week passes, send them another letter explaining that they have failed to respond, and if you do not get your deposit back by the next week, you will be proceeding with legal action. The idea here is to document their non-responsiveness so they cannot later claim that the apt was in poor condition, which was the reason for the withholding of the deposit. When they don't respond to your second letter documenting their continued non-responsiveness, file a small claims suit, and do it for the maximum amount possible (I think it's 3x the deposit).

Should you go to court, be prepared for them to weasel. For example, have your phone records basically showing that you called them a bizillion times, but that they never called you, to give more credence to your story. In all likelihood, this will never go to court: the landlord is probably one of those weasels who makes the bet that you'll just give up. Make this weasel pay: if you have to take him to court, don't just settle for the deposit and sue him for 3x.

FYI, here is a useful link for you: http://www.housingnyc.com/html/resources/faq/security.html. Best of luck!

Here is a good link for tenants:

http://www.tenant.net/main.html

I don't rent, but when the landlords of my relatives don't perform on leases, I send them a trackable letter (FedEx or registered). I give them a deadline to respond and tell them if they don't, I'll see them in court. As someone observed already, they are betting you won't persist. It's been my experience that as soon as they see you mean it, they always give in.

Small claims court.

You have no obligation to prove that you called them a bunch of times or even wrote them a single letter. The landlord must return the deposit unless there is a good reason not to. The court will review the lease agreement, see you are entitled to the deposit, and then ask the landlord what claims he has against the deposit at which point the burden has become the landlord's. In absence of proof (including if they don't show up to provide any proof) a judgment will be awarded in your favor. Sometimes simply filing a suit will lead to a return of the desposit. Be aware that one of the claims the landlord may make is that you didn't pay your rent in which case it would be helpful for you to have your documentation.

Thank you,

This landlord / management agency is known for ignoring tennants calls eventhough they are a relatively big one in NYC. I dont think they are actually trying to keep the deposit, just that they are very slow and lazy.

Is it normal for NYC landlords to take so long to return the deposit? how long does this usually take?

I started creating the paper trail as soon as I terminated the lease, since phone calls are directed to a voice mail that is permenantly full. I have my 7 days before I sue letter ready, but I'll send a less threatning one first.

"they are very slow and lazy."

You've just described real estate people everywhere on planet earth...

The City says LLs have up to 60 days to return a deposit before it stretches into the realm of unreasonable. So you probably cannot sue until its been at least a full two months.

Along with the advice from above comments, can you find out if the apartment has been rented to another party already? If so that would prove there was no significant damage to the unit. This is something that you will need to present to court if you have to file a claim against them.
Just do not throw in the towel, keep calling and demanding to speak to someone. I went through this exact scenario after my first NYC apartment rental. I too did all tha above and went through the motions of starting a small claims case only to find out the LL used my sizable deposit to purchase another apartment for his own use...and attempted a bankruptcy filing shortly after. I had an attorney friend send a threatening letterheaded notice to him and received my $$$ shortly thereafter.