Tenant Rights in Scarsdale, New York

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1. Overview: Tenant Rights in Scarsdale

Scarsdale is an affluent village in Westchester County, New York, with a population of roughly 18,000. While the majority of Scarsdale residents are homeowners, a meaningful share of the community rents apartments, condominiums, and single-family homes. Renters here are governed entirely by New York State landlord-tenant law — primarily the Real Property Law (RPL), the General Obligations Law (GOL), and the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which significantly strengthened statewide tenant protections.

Scarsdale has not adopted any local rent control, rent stabilization, or just-cause eviction ordinance, and the village is not covered by New York City's Rent Stabilization Law or the Emergency Tenant Protection Act (ETPA) as applied to Westchester municipalities that have individually opted in. Tenants most commonly have questions about security deposit returns, landlord repair obligations, eviction notice requirements, and protections against landlord retaliation.

This page summarizes the laws that apply to Scarsdale renters as of April 2026. It is provided for informational purposes only and does not constitute legal advice. Renters with specific legal questions should consult a licensed New York attorney or a local legal aid organization.

2. Does Scarsdale Have Rent Control?

Scarsdale has no rent control or rent stabilization. Unlike New York City and certain municipalities that have opted into the Emergency Tenant Protection Act (N.Y. Unconsol. Law §§ 8621–8634), Scarsdale has not passed a local ordinance activating ETPA coverage. Under the ETPA, a municipality in a county of 150,000 or more persons (Westchester qualifies) may declare a housing emergency and bring rental units under state stabilization rules — but Scarsdale has not taken this step.

In practical terms, this means Scarsdale landlords may set rents at market rate and may increase rents at lease renewal to any amount they choose, subject only to the proper advance written notice requirements under N.Y. Real Prop. Law § 226-c (30, 60, or 90 days depending on tenancy length). There is no cap on annual rent increases, no rent registration requirement, and no requirement that a landlord justify a rent increase.

Renters who believe their building may qualify for stabilization coverage — for example, units in a building that previously received certain tax benefits — should consult the New York State Division of Housing and Community Renewal (DHCR) at hcr.ny.gov or call 833-499-0343 to request a rent history.

3. New York State Tenant Protections That Apply in Scarsdale

New York State law provides Scarsdale renters with a robust set of baseline protections, many strengthened by the Housing Stability and Tenant Protection Act of 2019 (L. 2019, ch. 36). Key protections include:

Warranty of Habitability (N.Y. Real Prop. Law § 235-b): Every residential lease in New York contains an implied warranty of habitability. Landlords must maintain rental units in a safe, clean, and fit condition. Tenants may seek a rent reduction, repair-and-deduct remedies in some circumstances, or damages if the landlord fails to maintain habitable conditions. Courts may award a rent abatement proportional to the reduced value of the apartment.

Security Deposit Rules (N.Y. Gen. Oblig. Law § 7-108): Security deposits are capped at one month's rent for all residential tenants. Landlords must return the deposit — with an itemized written statement of any deductions — within 14 days after the tenant vacates. Failure to comply within this window causes the landlord to forfeit the right to retain any portion of the deposit. Deposits must be held in a separate account and may not be commingled with landlord funds.

Notice Requirements Before Rent Increase or Non-Renewal (N.Y. Real Prop. Law § 226-c): For month-to-month or expiring fixed-term tenancies, landlords must provide written advance notice of a rent increase exceeding 5% or of non-renewal: 30 days if the tenant has resided there less than 1 year, 60 days for 1–2 years, and 90 days for 2 or more years.

Anti-Retaliation Protection (N.Y. Real Prop. Law § 223-b): Landlords may not raise rent, reduce services, commence eviction, or otherwise penalize a tenant for making a good-faith complaint to a governmental authority about conditions affecting health or safety, for organizing or joining a tenant organization, or for exercising any legal right. A court may presume retaliation if adverse action occurs within 60 days of protected activity. Remedies include actual damages, punitive damages up to $2,000, and attorneys' fees.

Prohibition on Lockouts and Self-Help Eviction (N.Y. Real Prop. Law § 853): A landlord may not remove a tenant by force, by changing locks, by removing doors or windows, by shutting off utilities, or by any other self-help means. A tenant who is unlawfully removed may recover triple damages. Eviction requires a court order and enforcement by a court officer or sheriff.

Application Fee Limits (N.Y. Real Prop. Law § 238-a): Landlords may charge no more than $20 for a rental application fee (adjustable for inflation by DHCR). No other fees — including move-in fees, amenity fees, or broker fees paid by the tenant at the landlord's direction — may be charged except for the actual, documented cost of a background or credit check not to exceed $20.

4. Security Deposit Rules in Scarsdale

Under N.Y. Gen. Oblig. Law § 7-108, as amended by the Housing Stability and Tenant Protection Act of 2019, Scarsdale landlords are subject to the following security deposit rules:

Cap: The security deposit may not exceed one month's rent, regardless of the lease term or any other factor.

Separate Account: Deposits must be held in a separate bank account and may not be commingled with the landlord's personal or business funds. For buildings with six or more units, deposits must be held in an interest-bearing account; the landlord may retain 1% per year as an administrative fee and must credit the remainder to the tenant annually or apply it to the deposit balance.

Return Deadline: The landlord must return the deposit — or the remaining balance after lawful deductions — together with a written, itemized statement of all deductions, within 14 days after the tenant has vacated the unit. The itemized statement must describe each deduction, the cost, and the reason.

Penalty for Non-Compliance: If the landlord fails to return the deposit and itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit. The tenant may then sue in Small Claims Court or Civil Court for the full deposit amount, plus costs. Courts may award additional damages where the landlord's conduct was willful.

Move-In / Move-Out Inspection: Under § 7-108(1-a), tenants have the right to request a move-in inspection and a pre-move-out inspection. At the pre-move-out inspection, the landlord must provide a written itemized statement of any conditions that could result in a deduction, giving the tenant an opportunity to cure those conditions before vacating.

5. Eviction Process and Your Rights in Scarsdale

In Scarsdale, a landlord must follow New York State's formal court process to evict a tenant. Self-help eviction — including changing locks, removing belongings, shutting off utilities, or threatening a tenant to leave — is illegal under N.Y. Real Prop. Law § 853 and may result in triple damages against the landlord.

Step 1 — Written Notice: Before filing in court, the landlord must serve a written notice appropriate to the reason for eviction:

• Nonpayment of Rent: A 14-day rent demand (N.Y. Real Prop. Actions & Proc. Law (RPAPL) § 711(2)) must be served before filing a nonpayment proceeding.
• Holdover / Lease Violation: A 30-day notice to cure (if the lease permits cure) or a notice of termination must be served. For month-to-month tenancies, the notice period is 30, 60, or 90 days depending on tenancy length, per N.Y. Real Prop. Law § 226-c.
• Lease Non-Renewal: The same 30/60/90-day advance written notice under § 226-c applies.

Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord files a summary proceeding (nonpayment or holdover) in Westchester County Justice Court or the appropriate local court. The tenant is served with a notice of petition and petition (RPAPL § 731 et seq.) and has the right to appear and contest the proceeding.

Step 3 — Court Hearing: Both parties appear before a judge. Tenants may raise defenses including habitability issues, retaliation (N.Y. Real Prop. Law § 223-b), improper notice, or payment of rent owed. In nonpayment cases, the tenant may pay all rent due plus fees before or at the hearing to stop the eviction (RPAPL § 751).

Step 4 — Judgment and Warrant of Eviction: If the court rules in the landlord's favor, it issues a judgment of possession and, after a brief statutory period, a warrant of eviction. Only a court officer or marshal may execute the warrant. Tenants may seek a stay of up to one year for hardship (RPAPL § 753).

No Just-Cause Requirement: Scarsdale has no local just-cause eviction ordinance. A landlord may decline to renew a lease for any reason (or no stated reason) as long as proper advance notice under § 226-c is given and the eviction follows the court process.

6. Resources for Scarsdale Tenants

• Legal Services of the Hudson Valley — Provides free civil legal assistance to income-eligible residents of Westchester County and neighboring counties, including representation in eviction proceedings, security deposit disputes, and habitability matters.
• Westchester Residential Opportunities (WRO) — A HUD-approved housing counseling agency serving Westchester County tenants with fair housing complaints, landlord-tenant mediation, and housing counseling services.
• New York State Homes and Community Renewal (DHCR/HCR) — The state agency administering rent stabilization, rent history requests, and tenant complaints statewide. Tenants can look up whether a unit may have stabilization history and file overcharge complaints.
• New York Attorney General — Housing Protection Unit — Investigates landlord fraud, deed theft, illegal fees, and other housing-related violations. Tenants can file complaints online.
• New York State Courts Self-Help Center — Provides plain-language guides to landlord-tenant court procedures, eviction defense, and how to file in Small Claims Court to recover a security deposit.

Frequently Asked Questions