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Westbury is a diverse, densely populated village in Nassau County on Long Island, with a significant renter population that relies heavily on New York State landlord-tenant law for protection. Because Westbury has no municipal rent control ordinance, no local just-cause eviction rules, and no village-level tenant agency, the primary legal framework for renters comes from state statutes — chiefly the New York Real Property Law (RPL) and General Obligations Law (GOL), as significantly strengthened by the 2019 Housing Stability and Tenant Protection Act (HSTPA).
Renters in Westbury most commonly search for information about security deposit return deadlines, rent increase limits, eviction notice requirements, and landlord repair obligations. Nassau County's housing market has seen rising rents in recent years, making it critical for tenants to understand exactly what protections they have — and do not have — under current law.
This page is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you face a housing dispute, consult a licensed attorney or contact a local legal aid organization.
No Rent Control in Westbury: The Village of Westbury does not have a rent control or rent stabilization ordinance. Unlike New York City — which operates both Rent Control and Rent Stabilization under the New York City Administrative Code and the Emergency Tenant Protection Act of 1974 — and certain other municipalities such as Albany that have adopted emergency rent regulations, Westbury has enacted no comparable local law.
New York State does not preempt local governments from enacting rent regulation; municipalities may adopt rent control if they declare a housing emergency (see N.Y. Emergency Tenant Protection Act, McKinney's Unconsolidated Laws §§ 8621–8634). However, the Nassau County and Westbury village governments have not declared such an emergency or enacted stabilization rules applicable to private market rentals in the village.
In practice, this means a landlord in Westbury may raise your rent by any amount at the end of your lease term, subject only to the requirement that proper advance written notice be given (N.Y. Real Prop. Law § 226-c). There is no cap on rent increases, no registration requirement, and no formula limiting how much rent can change year over year. Tenants should negotiate lease terms carefully, since once a lease expires, the landlord may offer renewal at any price.
New York State provides a robust set of renter protections that apply in Westbury. The most important are summarized below with their statutory sources.
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 livable condition — including working heat, hot water, structurally sound walls and ceilings, freedom from vermin, and functioning plumbing and electrical systems. If a landlord breaches this warranty, tenants may withhold rent (by depositing it with the court in an HP proceeding), seek a rent reduction, or sue for damages.
Heat and Hot Water: New York law requires landlords to provide adequate heat and hot water year-round. During the heating season (October 1 – May 31), indoor temperatures must be at least 68°F when outdoor temperatures fall below 55°F during the day, and at least 55°F at night. Violations can be reported to Nassau County code enforcement.
Advance Notice of Rent Increases and Non-Renewal (N.Y. Real Prop. Law § 226-c): As amended by the HSTPA (2019), landlords must provide written advance notice before increasing rent by 5% or more, or before refusing to renew a lease. The required notice period depends on tenancy length: at least 30 days for tenancies under 1 year; at least 60 days for tenancies of 1–2 years; at least 90 days for tenancies of 2 or more years.
Anti-Retaliation (N.Y. Real Prop. Law § 223-b): Landlords are prohibited from retaliating against tenants who complain to a governmental authority about code violations, assert their rights under the lease or state law, or organize with other tenants. Prohibited retaliatory acts include rent increases, lease non-renewal, and commencement of eviction proceedings. There is a rebuttable presumption of retaliation if the landlord acts within one year of protected tenant activity.
Prohibition on Landlord Lockouts and Utility Shutoffs (N.Y. Real Prop. Law § 235): Self-help eviction is illegal in New York. A landlord may not change locks, remove doors or windows, shut off utilities, or otherwise attempt to force a tenant out without a court order. Violations may expose a landlord to damages and criminal liability.
Lease Renewal and Holdover Rights: Under HSTPA, tenants with expiring leases are entitled to the required advance notice period before the landlord may treat them as holdover tenants. A holdover tenant continues to occupy the premises after lease expiration; the landlord must bring a formal holdover proceeding in Nassau County District Court to remove them.
Deposit Cap: For most residential rentals in New York, the HSTPA (2019) limits security deposits to a maximum of one month's rent, regardless of the monthly rent amount (N.Y. Gen. Oblig. Law § 7-108(1-a)). Landlords may not require additional pre-paid rent or other fees that effectively function as additional security.
Return Deadline: Within 14 days after the tenant vacates the unit, the landlord must return the full security deposit or provide the tenant with an itemized written statement of deductions, along with the remaining balance (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)). The 14-day clock starts when the tenant has vacated and provided a forwarding address.
Permissible Deductions: Landlords may only deduct for unpaid rent and damages beyond normal wear and tear. They may not deduct for ordinary cleaning, repainting necessitated by normal use, or pre-existing conditions.
Penalty for Non-Compliance: If a landlord fails to return the deposit or provide an itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit and may be liable for the full deposit amount plus damages (N.Y. Gen. Oblig. Law § 7-108(1-a)(e)). Tenants can sue in Nassau County District Court or Nassau County Small Claims Court for recovery.
Interest: Landlords holding deposits for apartments in buildings with six or more units must hold deposits in a separate interest-bearing account and pay tenants interest annually, less a 1% administrative fee (N.Y. Gen. Oblig. Law § 7-103).
Evictions in Westbury are governed by New York State law and are heard in Nassau County District Court (First District, located in Hempstead). A landlord must follow a strict legal process — self-help eviction is prohibited.
Step 1 — Written Notice: Before filing in court, the landlord must serve a proper written notice. The type and length of notice depends on the reason for eviction:
Step 2 — Court Filing (Petition): If the tenant does not pay, vacate, or cure the violation, the landlord files a summary proceeding — either a non-payment petition or a holdover petition — in Nassau County District Court (N.Y. Real Prop. Acts. Law §§ 721–735). The court will schedule a hearing.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses, including breach of the warranty of habitability (N.Y. Real Prop. Law § 235-b), retaliation (N.Y. Real Prop. Law § 223-b), or improper notice. Tenants are strongly encouraged to seek legal help before the hearing.
Step 4 — Judgment and Warrant of Eviction: If the court rules for the landlord, it issues a judgment of possession and, upon request, a warrant of eviction. Only a Nassau County Sheriff or court officer may execute the warrant and physically remove the tenant — typically with a few days' additional notice.
Self-Help Eviction is Illegal: A landlord who locks out a tenant, removes their belongings, shuts off utilities, or otherwise attempts to evict without a court order violates N.Y. Real Prop. Law § 235 and may face civil and criminal liability. If this happens to you, call 911 and contact legal aid immediately.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights law is complex, and the statutes and regulations described here may have changed since this page was last updated in April 2026. Individual circumstances vary, and the outcome of any housing dispute depends on the specific facts involved. Renters in Westbury, NY who face eviction, security deposit disputes, habitability issues, or other landlord-tenant problems should consult a licensed New York attorney or contact a legal aid organization before taking action.
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