New Rochelle is a mid-sized city of roughly 80,000 residents in Westchester County, just north of New York City. With a significant renter population — many of whom commute to New York City — tenants here frequently search for information about rent increases, security deposit returns, and the eviction process. Because New Rochelle has not enacted local rent stabilization, state law is the primary source of tenant protections.
New York State's landlord-tenant framework, found primarily in the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL), provides meaningful protections in areas such as habitability, security deposits, anti-retaliation, and eviction procedure. Understanding these statutes is essential for any New Rochelle renter, particularly as rent prices in Westchester County continue to rise.
This page is intended as an informational overview only and does not constitute legal advice. Laws change, and individual circumstances vary — always consult a licensed attorney or local legal aid organization for guidance specific to your situation.
New Rochelle has no rent control or rent stabilization program. Although New York State's Emergency Tenant Protection Act of 1974 (ETPA) permits municipalities in Westchester, Nassau, and Rockland counties to opt into rent stabilization when a vacancy rate falls at or below five percent, New Rochelle has not passed a local law to activate ETPA coverage. As a result, the overwhelming majority of New Rochelle rental units are not subject to any cap on rent increases.
In practical terms, this means a landlord may raise the rent by any amount upon lease renewal, subject only to the notice requirements described below. There is no rent registration requirement, no rent history database, and no local rent board in New Rochelle. Tenants who believe their building might qualify for stabilization through another mechanism — such as participation in a tax-benefit program like 421-a — should consult Legal Services of the Hudson Valley or the New York State Division of Housing and Community Renewal (DHCR) to determine their unit's status.
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, livable condition free from conditions that materially affect health or safety — including heat, hot water, structural integrity, and freedom from vermin. Tenants may withhold rent or seek a rent reduction if this warranty is breached, but they should follow proper legal procedures and document all complaints.
Heat and Hot Water (N.Y. Multiple Dwelling Law § 79; N.Y. Multiple Residence Law § 173): Landlords in buildings with three or more units must provide heat of at least 68°F between 6 a.m. and 10 p.m. when outside temperatures fall below 55°F, and at least 55°F at all other times. Hot water must be supplied at a constant minimum temperature of 120°F year-round.
Security Deposits (N.Y. Gen. Oblig. Law § 7-108): For most leases signed after June 14, 2019, security deposits are capped at one month's rent. The landlord must return the deposit — with an itemized written statement of any deductions — within 14 days of the tenant vacating. See the Security Deposit section below for full details.
Rent Increase Notice (N.Y. Real Prop. Law § 226-c): Landlords must provide written notice before a rent increase takes effect. If the increase is 5% or more (or if the landlord does not intend to renew the lease), the required notice period depends on tenancy length: at least 30 days for tenancies under one year, 60 days for one to two years, and 90 days for tenancies of two or more years.
Anti-Retaliation (N.Y. Real Prop. Law § 223-b): A landlord may not evict, refuse to renew, or otherwise penalize a tenant for complaining in good faith to a government agency, organizing with other tenants, or exercising any legal right. If a landlord takes adverse action within one year of protected activity, retaliation is presumed, shifting the burden to the landlord to show a legitimate reason.
Lockout and Utility Shutoff Prohibition (N.Y. Real Prop. Actions & Proc. Law § 853): Self-help eviction — including changing locks, removing doors, or shutting off utilities to force a tenant out — is illegal. A tenant who is unlawfully evicted may recover three times the actual damages plus attorneys' fees.
Right to Counsel (NYC Admin. Code § 26-1301 et seq.): Note that New York City's right-to-counsel law does not extend to New Rochelle. However, income-eligible New Rochelle tenants facing eviction may qualify for free representation through Legal Services of the Hudson Valley.
Good Cause Eviction Law (NY RPL Article 6-A). Effective April 20, 2024, New York's Good Cause Eviction Law automatically covers New York City and takes effect in any other municipality that votes to opt in. Where it applies, the landlord of a covered market-rate unit generally must have a statutory 'good cause' to refuse a lease renewal or evict, and a rent increase above the lesser of 10% or local CPI plus 5% (8.79% under the DHCR notice effective February 19, 2025) is presumptively unreasonable and can be challenged. Owner-occupied buildings of 10 or fewer units, new construction less than 30 years old, already rent-regulated units, and units above high-rent or large-portfolio thresholds are exempt. Confirm whether your municipality has opted in. See the New York Attorney General's Good Cause Eviction guidance at https://ag.ny.gov/publications/new-york-state-good-cause-eviction-law.
Under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), codified at N.Y. Gen. Oblig. Law § 7-108, landlords in New Rochelle — and throughout New York State — are subject to the following security deposit rules:
Evictions in New Rochelle are governed by the Real Property Actions and Proceedings Law (RPAPL) and must go through Westchester County's New Rochelle City Court. Self-help eviction is strictly prohibited under N.Y. RPAPL § 853.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with the appropriate written notice. The notice type depends on the reason for eviction:
Step 2 — Court Filing: If the tenant does not comply with the notice, the landlord may file a summary proceeding (non-payment or holdover) in New Rochelle City Court. The tenant is served with a court petition and a date for an initial hearing, typically within days to a few weeks.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to raise defenses — including the landlord's failure to maintain habitable conditions (rent withholding defense under N.Y. Real Prop. Law § 235-b), retaliation (N.Y. Real Prop. Law § 223-b), or improper notice. If the landlord prevails, the court issues a judgment of possession.
Step 4 — Warrant of Eviction: After a judgment of possession, the landlord must obtain a warrant of eviction from the court (N.Y. RPAPL § 749). Only a New York City marshal or sheriff may execute a warrant; the landlord cannot remove the tenant personally.
Step 5 — Enforcement: The marshal or sheriff posts a 72-hour notice before physically removing the tenant and their belongings. Tenants who feel they have been wrongfully evicted or subjected to self-help eviction should call 911 and contact Legal Services of the Hudson Valley immediately. Unlawful lockout entitles the tenant to treble damages under N.Y. RPAPL § 853.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws change frequently, and the application of any law depends on the specific facts of your situation. Nothing on this page creates an attorney-client relationship. If you have a specific legal problem — such as an eviction notice, a withheld security deposit, or habitability concerns — please consult a licensed New York attorney or contact a local legal aid organization such as Legal Services of the Hudson Valley. RentCheckMe makes no warranty as to the accuracy or completeness of this information and is not liable for any actions taken in reliance upon it.
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