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Key Takeaways
- Buildings with 6+ units built between 1947 and 1974 in opted-in municipalities including Yonkers, Mount Vernon, White Plains, New Rochelle, and Greenburgh
- Annual increases set by the Westchester County Rent Guidelines Board — check the Board for the most current rates
- Tenants in stabilized units have just-cause eviction protections and the right to lease renewal
- Westchester County Rent Guidelines Board (westchestergov.com) and NYS DHCR (hcr.ny.gov)
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Overview of Rent Stabilization in Westchester County
Westchester County is a densely populated suburban county directly north of New York City, home to approximately one million residents across cities, towns, and villages ranging from urban Yonkers — the state's fourth-largest city — to affluent bedroom communities like Scarsdale and Bronxville. The county's proximity to Manhattan has long made it one of the most competitive rental markets in the New York metropolitan area, with renters making up a substantial share of households in its larger urban centers. That demand, combined with a limited housing stock, has historically driven rents higher and placed pressure on working- and middle-class tenants.
Westchester County is subject to two overlapping systems of rent regulation under New York State law. First, a small and shrinking number of units in pre-February 1947 buildings may be subject to old-law rent control, administered by the New York State Division of Housing and Community Renewal (DHCR) under the Maximum Base Rent (MBR) system — these units are decontrolled when the current tenant vacates. Second, and far more significant today, is rent stabilization under the Emergency Tenant Protection Act of 1974 (ETPA). Under ETPA, municipalities outside New York City may opt in by declaring a local housing emergency, triggering stabilization protections for eligible apartment buildings. Several of Westchester's largest municipalities have done exactly that, making ETPA rent stabilization the primary form of tenant protection across the county's urban core.
The Westchester County Rent Guidelines Board (RGB) is the body responsible for setting the maximum allowable annual rent increases for stabilized units throughout the county. Unlike New York City — which has its own separate RGB — Westchester's RGB issues guidelines that apply across all opted-in municipalities in the county. Landlords of stabilized units may not raise rents beyond the RGB's published guidelines at lease renewal without a specific legal basis. The county's stabilization system is administered in partnership with the New York State DHCR, which handles individual complaints, registration oversight, and enforcement.
Who Is Covered?
Rent stabilization under ETPA in Westchester County applies to apartments that meet all of the following criteria:
- Location in an opted-in municipality: Only municipalities that have declared a housing emergency and opted into ETPA are covered. Major municipalities with active ETPA coverage include Yonkers, Mount Vernon, White Plains, New Rochelle, and Greenburgh. Not all Westchester towns and villages have opted in — apartments in non-participating municipalities are generally not stabilized under ETPA.
- Building size of 6 or more units: The building must contain six or more residential units to qualify under ETPA. Smaller buildings — including one-to-four family homes and buildings with five or fewer apartments — are not covered.
- Building constructed between 1947 and 1974: ETPA stabilization applies to buildings built after February 1, 1947. Buildings constructed after 1974 are generally not covered unless they received certain government financing or tax benefits requiring stabilization.
- Pre-1947 rent-controlled units: A small number of apartments in buildings constructed before February 1, 1947 may still be subject to old-law rent control under the Maximum Base Rent (MBR) system, administered by DHCR. These units transition to stabilization (or decontrol) when the current rent-controlled tenant vacates.
- Units NOT covered include: owner-occupied buildings with fewer than six units; newly constructed buildings (post-1974) without qualifying subsidies; units in municipalities that have not declared a housing emergency; apartments with legal rents above applicable high-rent deregulation thresholds; and units where the tenant's household income exceeds applicable luxury decontrol thresholds (under pre-2019 law — note that the Housing Stability and Tenant Protection Act of 2019 eliminated high-rent and high-income deregulation going forward).
- Tax-benefit buildings: Some newer buildings in Westchester may be stabilized during a period of J-51 or 421-a tax benefits, even if otherwise exempt. Check your lease or contact DHCR to confirm.
Rent Increase Limits
For rent-stabilized apartments in Westchester County, the maximum allowable rent increase at each lease renewal is set annually by the Westchester County Rent Guidelines Board (RGB). The Board typically issues separate guidelines for one-year and two-year lease renewals, with two-year leases generally permitting a slightly higher cumulative increase. These rates are distinct from — and independent of — the rates set by the New York City RGB, which do not apply in Westchester.
The RGB holds public hearings and considers data on landlord operating costs, inflation, vacancy rates, and housing market conditions before voting on each year's guidelines. Once adopted, the new rates apply to lease renewals commencing on or after the effective date specified by the Board. Tenants and landlords should check the Westchester County Rent Guidelines Board website or contact DHCR for the most current approved rates, as these figures are updated each year.
Key rules governing rent increases for stabilized tenants include:
- Renewal increases only: A landlord may only apply an RGB-approved guideline increase at the time of lease renewal — not mid-lease.
- No retroactive increases: If a landlord fails to collect an RGB increase in a prior year, that increase cannot be banked or applied retroactively in a future year.
- Individual Apartment Improvements (IAIs): Landlords may be permitted to add a rent increase above the RGB guidelines for qualifying individual apartment improvements, subject to DHCR rules and caps introduced by the 2019 Housing Stability and Tenant Protection Act.
- Major Capital Improvements (MCIs): Building-wide capital improvements may also support a limited rent increase, subject to DHCR approval and the MCI rules under the 2019 Act.
- Rent-controlled units (MBR system): For the small number of pre-1947 rent-controlled apartments, the Maximum Base Rent is recalculated by DHCR every two years, and the Maximum Collectible Rent is adjusted annually. Landlords must apply to DHCR and certify compliance with housing code standards before collecting MBR increases.
Your Rights as a Rent Stabilized Tenant
Tenants in rent-stabilized apartments in Westchester County have a robust set of rights under the New York State Rent Stabilization Law, the ETPA, and the Housing Stability and Tenant Protection Act of 2019 (HSTPA). These rights are enforced by DHCR and, where applicable, through the courts.
- Right to a written lease: Your landlord must offer you a written lease for a term of one or two years. You have the right to choose the lease term.
- Right to lease renewal: At the end of your lease, your landlord must offer you a renewal lease on the same terms and conditions, with only the RGB-approved rent increase applied. The renewal offer must be made between 90 and 150 days before your lease expires.
- Just-cause eviction protections: Your landlord cannot evict you — or refuse to renew your lease — without a legally recognized reason. Permitted grounds include non-payment of rent, lease violations, the landlord's need to use the unit as a primary residence, or certain building-wide decisions (such as a conversion or demolition with regulatory approval). Simply wishing to raise the rent to market rate is not a valid basis for eviction.
- Protection against harassment: Landlords are prohibited from harassing tenants to force them to vacate stabilized apartments. Harassment can include threatening behavior, willful neglect of repairs, removal of services, and bad-faith eviction proceedings. You can file a harassment complaint with DHCR.
- Right to sublet: Stabilized tenants generally have the right to sublet their apartment with the landlord's consent, subject to DHCR rules. The landlord may not unreasonably withhold consent.
- Security deposit protections: Under the HSTPA, security deposits are capped at one month's rent for all residential tenants in New York, including those in stabilized units.
- Overcharge complaints: If you believe your landlord has charged more than the legal regulated rent, you may file a rent overcharge complaint with DHCR. The 2019 HSTPA extended the lookback period for overcharge investigations to six years. Willful overcharges may result in treble damages.
- Essential services: Landlords must maintain all required services included in your lease (heat, hot water, appliances, etc.). You can file a reduction of services complaint with DHCR if services are diminished.
- Filing complaints: Most complaints — overcharges, service reductions, harassment — are filed with DHCR online at hcr.ny.gov or by contacting the DHCR Midtown Manhattan office or a local legal aid organization. Westchester tenants may also seek assistance from local tenant advocacy groups and the county's Office of Consumer Protection.
How to Check If Your Apartment Is Rent Stabilized in Westchester County
Determining whether your apartment is rent stabilized in Westchester County involves several steps. Because not all municipalities in the county have opted into ETPA, and because building-specific factors matter, it is worth checking through multiple channels.
- Start with RentCheckMe: Use the search tool at rentcheckme.com to quickly look up your address and see available information about your building's stabilization status based on DHCR registration data.
- Check the HCR Apartment Lookup: The New York State Homes and Community Renewal (HCR) agency maintains an online apartment registration lookup at hcr.ny.gov. Search for your building address to see if it appears in the DHCR's rent registration database. Landlords of stabilized buildings are required to register annually with DHCR — if your building is registered, it is a strong indication of stabilization.
- Review your lease and rent rider: Stabilized tenants must receive a Rent Stabilization Lease Rider with their initial lease. This rider will identify the apartment as rent stabilized and list the legal regulated rent. If you have this rider, your apartment is stabilized. If you are unsure, compare your lease documents carefully.
- Confirm your municipality has opted in: Check whether your city, town, or village has declared a housing emergency and opted into ETPA. Major opted-in municipalities include Yonkers, Mount Vernon, White Plains, New Rochelle, and Greenburgh. If you live in a smaller village or town, contact your local municipal clerk or DHCR to confirm ETPA status.
- Request your rent history from DHCR: You can request the official rent history for your apartment by submitting a request to DHCR. This document shows the legally registered rents over time and can reveal whether your unit has been registered as stabilized and what rents have been charged.
- Contact DHCR directly: Call the DHCR at 718-739-6400 or visit hcr.ny.gov to speak with a housing specialist who can confirm your apartment's status, help you understand your rights, and assist with complaints.
- Seek local legal assistance: Westchester Residential Opportunities (WRO) and Legal Services of the Hudson Valley offer free or low-cost housing counseling and legal advice to Westchester tenants who need help navigating the system.
Resources for Westchester County Tenants
Important: This article is a high-level overview and does not constitute legal advice.
Laws and regulations change, and individual circumstances vary. For specific questions, contact NY HCR
or a qualified attorney.
Frequently Asked Questions
Does Westchester County have rent stabilization?
Yes. Westchester County has opted into New York State's Emergency Tenant Protection Act (ETPA) of 1974, which allows municipalities to declare a housing emergency and bring eligible apartment buildings under rent stabilization. Several of Westchester's largest cities — including Yonkers, Mount Vernon, White Plains, New Rochelle, and Greenburgh — have active ETPA coverage. However, not every municipality in the county has opted in, so stabilization protections do not apply countywide to all apartments. A small number of pre-1947 apartments may also be subject to old-law rent control.
Which buildings in Westchester County are rent stabilized?
To be rent stabilized under ETPA in Westchester County, an apartment must be located in a municipality that has opted into the ETPA (such as Yonkers, Mount Vernon, White Plains, New Rochelle, or Greenburgh), in a building with six or more residential units, constructed between February 1, 1947 and 1974. Some newer buildings may also be stabilized if they received qualifying tax benefits such as J-51 or 421-a. Buildings with fewer than six units, properties in non-participating municipalities, and most buildings constructed after 1974 without qualifying subsidies are generally not covered. Pre-1947 buildings with long-term tenants may be subject to rent control rather than stabilization.
How much can my landlord raise my rent in Westchester County?
For rent-stabilized apartments in Westchester County, the maximum allowable rent increase at lease renewal is set each year by the Westchester County Rent Guidelines Board (RGB). The Board issues separate rates for one-year and two-year lease renewals. These rates are specific to Westchester — the New York City RGB rates do not apply here. Because the Board updates its guidelines annually, you should check the Westchester County RGB's official publications or the DHCR website at hcr.ny.gov for the current approved rates. Your landlord cannot exceed the RGB guideline increase at renewal without a specific legal basis such as a DHCR-approved individual apartment improvement or major capital improvement.
What are my eviction protections in Westchester County?
If you live in a rent-stabilized apartment in Westchester County, your landlord can only evict you for specific legally recognized reasons — commonly called 'just cause.' These include non-payment of rent, a material lease violation, the landlord's good-faith intention to use the apartment as their own primary residence, or certain building-wide actions approved by regulators. Your landlord must also offer you a renewal lease at the end of each lease term. Simply wanting to charge a higher rent or replace you with a market-rate tenant is not a valid basis for eviction or non-renewal. If you believe you are being evicted or harassed without legal grounds, you can file a complaint with DHCR or seek assistance from Legal Services of the Hudson Valley.
How do I find out if my apartment is rent stabilized in Westchester County?
There are several ways to check. First, use RentCheckMe at rentcheckme.com to search your address against DHCR registration data. Second, use the HCR apartment lookup tool at hcr.ny.gov to see if your building is registered with the state. Third, review your lease — stabilized tenants must receive a Rent Stabilization Lease Rider with their initial lease. Fourth, confirm that your city or town has opted into ETPA, since not all Westchester municipalities have done so. Fifth, you can request your apartment's official rent history directly from DHCR by calling 718-739-6400. If you need help interpreting the results or believe you may be paying an illegal rent, contact Legal Services of the Hudson Valley or Westchester Residential Opportunities (WRO) for free or low-cost assistance.
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