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Yonkers, located in Westchester County just north of New York City, is home to more than 211,000 residents, a significant portion of whom are renters. The city's rental market is diverse, ranging from large multi-family apartment buildings to two-family homes, and tenants frequently search for information on security deposit returns, eviction procedures, and rent increase limits.
New York State's Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically strengthened statewide tenant protections and applies to all Yonkers renters. These protections cover notice requirements, security deposit limits, anti-retaliation rules, and more. Yonkers itself has not enacted local rent stabilization or any additional local ordinances beyond state law.
This article is intended as an informational resource to help Yonkers renters understand their rights under applicable law. It is not legal advice. If you have a specific legal problem, consult a licensed New York attorney or contact a local legal aid organization.
Yonkers Does Not Have Rent Control or Rent Stabilization. New York State's Emergency Tenant Protection Act (ETPA), codified at N.Y. Unconsol. Law § 8621 et seq., allows municipalities outside New York City in Nassau, Rockland, and Westchester Counties — including Yonkers — to opt into rent stabilization for buildings with six or more units built before 1974, if the local government declares a housing emergency (vacancy rate at or below 5%). As of April 2026, the City of Yonkers has not passed a local law opting into the ETPA, so rent stabilization does not apply to Yonkers units.
In practice, this means landlords in Yonkers are free to set rents at market rate and may raise rents by any amount between lease terms, subject only to the proper notice requirements under N.Y. Real Prop. Law § 226-c. There is no cap on the percentage or dollar amount of a rent increase. Tenants who believe a rent increase is retaliatory — for example, in response to a complaint about conditions — may have protections under N.Y. Real Prop. Law § 223-b, but general market-rate increases are not regulated.
Implied Warranty of Habitability (N.Y. Real Prop. Law § 235-b): Every residential lease in New York carries an implied warranty of habitability. Landlords must maintain rental units in a safe and livable condition, free from conditions that are dangerous to life, health, or safety — including working heat, hot water, plumbing, and structural integrity. If a landlord fails to maintain habitable conditions, tenants may withhold rent, repair-and-deduct (with court approval), or seek a rent reduction through Housing Court.
Security Deposit Protections (N.Y. Gen. Oblig. Law § 7-108): As amended by the HSTPA, landlords may collect no more than one month's rent as a security deposit. The deposit must be returned within 14 days of the tenant vacating, along with an itemized written statement of any deductions. Failure to comply forfeits the landlord's right to withhold any portion of the deposit.
Notice Requirements for Rent Increases and Non-Renewals (N.Y. Real Prop. Law § 226-c): Landlords must provide written notice before raising rent by 5% or more or choosing not to renew a lease. The required notice period is: 30 days for tenancies under 1 year; 60 days for tenancies of 1–2 years; and 90 days for tenancies of 2 or more years.
Anti-Retaliation Protections (N.Y. Real Prop. Law § 223-b): Landlords are prohibited from retaliating against tenants for exercising legal rights, including complaining to a government agency about housing conditions, requesting repairs, or joining a tenant organization. Retaliatory conduct includes rent increases, lease non-renewals, and service reductions. There is a rebuttable presumption of retaliation if adverse action occurs within one year of protected activity.
Prohibition on Lockouts and Utility Shutoffs (N.Y. Real Prop. Law § 235): Self-help eviction is illegal in New York. A landlord may not lock out a tenant, remove doors or windows, or shut off utilities such as heat, water, or electricity to force a tenant to leave. Tenants who are illegally locked out may seek emergency relief in Housing Court, and landlords who engage in self-help eviction face civil and potentially criminal liability.
Just Cause for Eviction (N.Y. Real Prop. Law § 232-a; HSTPA): Under reforms enacted by the HSTPA, landlords in New York must have a lawful basis to terminate a tenancy or non-renew a lease. Recognized grounds include nonpayment of rent, lease violations, owner occupancy (with limitations), and certain other statutory reasons.
Under N.Y. Gen. Oblig. Law § 7-108, as amended by the Housing Stability and Tenant Protection Act of 2019, Yonkers landlords are limited to collecting a maximum security deposit equal to one month's rent — regardless of the tenant's credit history or the length of the lease. Landlords may not charge additional deposits or surcharges that effectively circumvent this cap.
After a tenant vacates the unit, the landlord has 14 calendar days to either return the full deposit or provide the tenant with a written, itemized statement of deductions along with any remaining balance. The statement must specify the reason for each deduction and the cost. If the landlord fails to return the deposit or provide the required statement within 14 days, the landlord forfeits the right to retain any portion of the deposit — meaning the tenant is entitled to the full amount back.
Landlords must hold security deposits in a separate account and may not commingle them with personal or business funds (N.Y. Gen. Oblig. Law § 7-103). For buildings with six or more units, the deposit must be held in an interest-bearing account, and the tenant is entitled to annual interest (minus a 1% administrative fee).
If a landlord improperly withholds a security deposit, the tenant may sue in Small Claims Court (for amounts up to $10,000) or Housing Court to recover the deposit, plus costs.
Step 1 — Required Written Notice: Before filing for eviction, a Yonkers landlord must serve the tenant with appropriate written notice. For nonpayment of rent, the landlord must provide at least a 14-day rent demand (N.Y. Real Prop. Acts. Law § 711(2)). For holdover tenancies (lease expired or month-to-month), the required notice period depends on tenancy length: 30 days (under 1 year), 60 days (1–2 years), or 90 days (2+ years) under N.Y. Real Prop. Law § 226-c. For lease violations, the landlord must provide notice and an opportunity to cure where applicable.
Step 2 — Filing in Housing Court: If the tenant does not vacate or resolve the issue after proper notice, the landlord may file a petition in Westchester County Housing Court (located in Yonkers at 111 Dr. Martin Luther King Jr. Blvd.). The tenant will be served with a Notice of Petition and Petition stating the reason for eviction and the hearing date (N.Y. Real Prop. Acts. Law § 731 et seq.).
Step 3 — Court Hearing: Both parties appear before a Housing Court judge. Tenants have the right to present defenses, including improper notice, habitability issues, or retaliation. The court may issue a judgment of possession in favor of the landlord if the case is proven, or dismiss it if defenses succeed.
Step 4 — Warrant of Eviction: If the landlord wins, the court issues a Warrant of Eviction. Only a New York City or county marshal or sheriff may execute a warrant and physically remove a tenant. Landlords cannot remove tenants themselves.
Self-Help Eviction Is Illegal: Under N.Y. Real Prop. Law § 235, it is unlawful for a landlord to lock out a tenant, remove belongings, shut off utilities, or use any other self-help measure to force a tenant to leave. Tenants subjected to an illegal lockout may immediately apply to Housing Court for an Order to Show Cause to be restored to their home.
Emergency Rental Assistance: Tenants facing eviction for nonpayment may seek help through Westchester County's rental assistance programs. Applying for assistance can sometimes pause an eviction proceeding.
This article is provided for informational purposes only and does not constitute legal advice. The information presented reflects laws and regulations as of April 2026, but landlord-tenant laws can change. Yonkers renters with specific legal questions or problems should consult a licensed New York attorney or contact a local legal aid organization such as Legal Services of the Hudson Valley. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance on it.
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