In NYS is Hold Deposit Refundable

[Penny Wickman]

Hi my name is Penny and I am new here. I rent out a bedroom in a 2 bedroom house that I rent. I accepted a $100 hold deposit from a LAWYER that wanted to rent the bedroom and share the beautiful house. The rent is $800 a month + 1/2 utilities = $200.00 each + 1 month security.

The building where he had his law office has foreclosed and he is sharing space in a small 2nd floor office with another LAWYER that has a very bad reputation. I asked the potential tenant for proof of income - of which he does not file tax returns and when I asked for a prior landlord reference, all he gave me is the lawyer he shares space with. I gave him the option of showing me his bank statement. When I spoke to the lawyer he shares space with he couldn't give me a receipt for rent paid, but he basically said he barters with him, as tenant goes to court for him. He lives with an ex-girlfriend, on the couch. So, I am at a crossroads. I have been burnt twice, once I got majorly robbed with all my jewelry in a safe - $20,000. from ex roommate, the other left without paying rent and left me with no roommate for 3 months.
Now the potential tenant wants his $100 back. Do I by law have to give it back?
Is it considered non-refundable when he can't proof income or prior landlord reference.

Thank you,
Penny