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Mamaroneck is a village and town in southern Westchester County, New York, situated along Long Island Sound. With a significant portion of residents renting — including many families and commuters drawn to the area's proximity to New York City — understanding landlord-tenant law is essential. Renters here are governed exclusively by New York State law, as Mamaroneck has not enacted any local rent regulation or tenant protection ordinances beyond what the state mandates.
New York State provides a robust framework of tenant protections through the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL). Key areas include the implied warranty of habitability, strict security deposit return rules, required advance notice before eviction or non-renewal, and a prohibition on landlord self-help remedies like lockouts or utility shutoffs. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) strengthened many of these protections statewide.
This article is intended as general educational information about tenant rights in Mamaroneck, New York, and is not legal advice. Laws can change, and individual circumstances vary. If you have a specific legal problem, consult a licensed attorney or contact a local legal aid organization.
No Rent Control or Rent Stabilization in Mamaroneck. Mamaroneck does not have a local rent control or rent stabilization ordinance. New York State's Emergency Tenant Protection Act of 1974 (ETPA) allows municipalities in Nassau, Rockland, and Westchester counties to opt into rent stabilization for buildings with six or more units built before January 1, 1974 — but only if the municipality formally adopts a resolution declaring a housing emergency. As of April 2026, neither the Village of Mamaroneck nor the Town of Mamaroneck has adopted such a resolution, meaning the ETPA does not apply here.
In practice, this means landlords in Mamaroneck are free to set rents at market rate, raise rents by any amount upon lease renewal, and decline to renew a lease for any reason (or no reason at all), provided they give the legally required advance notice under N.Y. Real Prop. Law § 226-c. Renters do not have a right to lease renewal, and there is no cap on rent increases for unregulated units.
Renters who believe a housing emergency exists and wish to advocate for ETPA coverage should contact Westchester County or their local municipal representatives. For now, Mamaroneck renters should rely on the statewide protections described below.
Implied Warranty of Habitability (N.Y. Real Prop. Law § 235-b): Every residential landlord in New York must maintain rental units in a safe, clean, and fit condition throughout the tenancy. This includes functioning heat, hot water, plumbing, and structural safety. Tenants may withhold rent, pursue a rent reduction, or repair-and-deduct in certain circumstances if the landlord fails to meet this standard after receiving notice. Courts have broad discretion to award rent abatements for habitability violations.
Security Deposit Rules (N.Y. Gen. Oblig. Law §§ 7-103 to 7-108): Landlords must hold security deposits in a separate, interest-bearing bank account and may not commingle them with personal funds. For buildings with six or more units, the landlord must notify the tenant of the bank name and account number. Upon lease termination, the deposit must be returned within 14 days along with an itemized written statement of any deductions. See the Security Deposit section below for full details.
Required Notice Before Non-Renewal or Termination (N.Y. Real Prop. Law § 226-c): Landlords must provide written advance notice before terminating a tenancy or declining to renew a lease: 30 days for tenancies under one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two or more years. This notice requirement applies regardless of the reason for non-renewal.
Anti-Retaliation Protection (N.Y. Real Prop. Law § 223-b): A landlord may not increase rent, decrease services, threaten eviction, or take any adverse action against a tenant for complaining to a governmental authority about housing code violations, joining or forming a tenants' organization, or otherwise exercising a legal right. A presumption of retaliation arises if adverse action occurs within one year of protected activity. Tenants may sue for actual damages, punitive damages, and attorneys' fees.
Prohibition on Self-Help Eviction (N.Y. Real Prop. Actions & Proc. Law § 853): Landlords are strictly prohibited from locking out a tenant, removing doors or windows, shutting off utilities, or using any other self-help measure to remove a tenant. Only a court-ordered warrant of eviction, enforced by a sheriff or marshal, is lawful. Tenants subjected to an illegal lockout may seek immediate restoration of possession and may recover triple damages in civil court.
Notice of Rights (HSTPA 2019): Under the Housing Stability and Tenant Protection Act of 2019, landlords must provide new tenants with a written notice of their rights, and are prohibited from charging application fees beyond a $20 credit check fee. Late fees are capped at $50 or 5% of monthly rent, whichever is less (N.Y. Real Prop. Law § 238-a).
No Statutory Cap on Deposit Amount (for Most Tenancies): New York law does not cap security deposits for most residential tenancies at a specific dollar amount. Landlords typically charge one month's rent, but there is no statutory limit for non-regulated units in Mamaroneck. (Note: rent-stabilized units are capped at one month's rent, but as discussed above, Mamaroneck has no rent-stabilized units.)
Holding Requirements (N.Y. Gen. Oblig. Law § 7-103): The security deposit must be held in a separate bank account — it cannot be commingled with the landlord's personal or business funds. For buildings with six or more units, the account must bear interest and the landlord must provide the tenant with written notice of the bank name, address, and account number within 30 days. The tenant is entitled to the annual interest earned, less a 1% administrative fee the landlord may retain.
Return Deadline and Itemized Statement (N.Y. Gen. Oblig. Law § 7-108): The landlord must return the security deposit — or the remaining balance after lawful deductions — within 14 days of the tenant vacating the unit. The return must be accompanied by an itemized written statement explaining any deductions. Deductions are permitted only for unpaid rent and for damage beyond normal wear and tear.
Penalty for Non-Compliance: If a landlord fails to return the deposit and provide an itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit and must return the full amount. The tenant may sue in Small Claims Court for the return of the deposit plus court costs. Willful violations may also support claims for additional damages.
Tenant Tip: Document the condition of the unit with timestamped photos at move-in and move-out, and request a walkthrough inspection with the landlord before vacating to resolve disputes before they arise.
Overview: To evict a tenant in Mamaroneck, a landlord must follow the legal process set out in the New York Real Property Actions and Proceedings Law (RPAPL). Self-help eviction — including changing locks, removing belongings, or shutting off utilities — is illegal and exposes the landlord to significant liability (RPAPL § 853).
Step 1 — Written Notice: Before filing in court, the landlord must serve a proper written notice on the tenant. The type and duration of notice depends on the reason for eviction:
Step 2 — Filing in Court: If the tenant does not comply with the notice, the landlord files a petition in Westchester County Justice Court (for Town of Mamaroneck tenancies) or Village of Mamaroneck Justice Court, as applicable. The tenant is served with a notice of petition and must appear on the return date (RPAPL § 731).
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses, including uninhabitable conditions, retaliation, improper notice, or payment of arrears. In nonpayment cases, a tenant may avoid eviction by paying all rent owed before a judgment is entered (RPAPL § 731). Tenants are strongly encouraged to appear — failure to appear may result in a default judgment.
Step 4 — Warrant of Eviction: If the landlord prevails, the court issues a judgment of possession. The landlord must then obtain a warrant of eviction (RPAPL § 749). Only a sheriff, marshal, or constable may execute the warrant and physically remove the tenant. The landlord cannot remove the tenant personally.
Just Cause: Mamaroneck has no just-cause eviction ordinance. For unregulated tenancies, a landlord may decline to renew a lease for any reason with proper statutory notice. However, evictions based on discrimination (race, national origin, disability, familial status, source of income, etc.) are prohibited under the New York Human Rights Law (N.Y. Exec. Law § 296) and federal Fair Housing Act.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws in New York State and Mamaroneck may change, and individual circumstances vary widely. Nothing here creates an attorney-client relationship. If you have a specific legal problem, question about your lease, or are facing eviction, you should consult a licensed attorney or contact a legal aid organization in Westchester County. RentCheckMe makes no warranty as to the accuracy or completeness of this information and is not responsible for actions taken in reliance on it.
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