Eviction Laws in Yonkers, New York
Yonkers is the fourth-largest city in New York State, with a population of approximately 210,000, and the largest city in Westchester County. Located immediately north of the Bronx along the Hudson River, Yonkers functions as both a suburban community and an urban center in its own right — a city with its own distinct identity that is nevertheless deeply connected to the New York City metropolitan area. The demographics are approximately 31 percent White, 15 percent Black, 45 percent Hispanic, and 6 percent Asian — one of the most diverse cities in the state. The median household income is approximately $83,500 and the poverty rate is about 11 percent. Approximately 54 percent of Yonkers housing units are renter-occupied. The median gross rent is approximately $1,789 — significantly higher than upstate cities but lower than Manhattan and most of the other boroughs. Approximately 33 percent of Yonkers residents are foreign-born, reflecting the city’s large immigrant communities. The median construction year for Yonkers housing is 1958, with over a quarter of the housing stock built before the 1940s. Major employers include St. John’s Riverside Hospital, the Yonkers Public School system, Westchester County government offices, and numerous businesses along the Central Avenue and South Broadway corridors.
New York eviction law — the Real Property Actions and Proceedings Law (RPAPL) Article 7 — requires landlords to serve a written notice before filing suit. For nonpayment of rent, a 14-day written rent demand is required under RPAPL § 711(2), specifying the exact amount owed and the time period covered. For lease violations, a 10-day notice to cure is required under RPAPL § 753(4). Month-to-month tenancies require 30 days’ notice if the tenancy is under one year, 60 days if between one and two years, and 90 days if the tenancy exceeds two years (RPL § 232-b as amended by HSTPA 2019). Once the notice period expires without compliance, the landlord files a summary proceeding (nonpayment or holdover petition) with the court. A critical protection added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA): tenants may cure a nonpayment at any time until the marshal or sheriff physically executes the warrant of eviction — payment of all rent and fees owed stops the eviction entirely. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768.
As of August 18, 2024, all landlords statewide must include the Good Cause Eviction Law notice (RPL § 231-c) on every lease, every rent demand, every petition, and every notice — even for units that are exempt from the substantive Good Cause protections. Failure to include this notice can result in dismissal of the proceeding.
Yonkers & Westchester County — Local Rules That Affect Landlords
Rent Stabilization — ETPA Applies. Yonkers adopted the Emergency Tenant Protection Act (ETPA) and has one of the largest concentrations of rent-stabilized units outside of New York City. The ETPA applies to buildings with six or more units that were built before 1974 in municipalities that have declared a housing emergency. Rent increases for ETPA-covered units are set annually by the Westchester County Rent Guidelines Board — not the New York City board. Landlords with ETPA-covered units must register with the New York State Division of Housing and Community Renewal (DHCR), file annual registration statements, and comply with DHCR regulations on rent increases, lease renewals, and services. Under HSTPA 2019, apartments can no longer be deregulated based on rent amounts or tenant income levels — once stabilized, always stabilized. Landlords of rent-stabilized units cannot refuse lease renewals except on grounds allowed by law, and eviction of rent-stabilized tenants requires approval from DHCR (except for nonpayment proceedings). Not every Yonkers apartment is rent-stabilized — single-family homes, smaller buildings, and newer construction may be market-rate. Landlords must determine each unit’s status before setting rent or pursuing an eviction.
Good Cause Eviction — NYC Coverage and Statewide Notice. Yonkers has not separately opted into the Good Cause Eviction Law at the local level. However, the statewide RPL § 231-c notice requirement applies — all leases, demands, petitions, and notices must include the Good Cause notice. For market-rate units not covered by ETPA, landlords in Yonkers operate under standard New York State law without Good Cause substantive protections. For ETPA-covered units, the existing rent stabilization framework provides comparable tenant protections. Landlords should monitor local legislative activity, as Yonkers could opt into Good Cause at any time through a City Council vote.
Yonkers Heating Ordinance. Yonkers city code mandates that all landlords provide in-unit heating capable of 68 degrees Fahrenheit in all rooms from September 15 through May 31 each year. This is a stricter heating season than New York City’s October 1 start date. Failure to provide adequate heat is a code violation and can result in tenant complaints to the city, potential fines, and housing court actions for decreased services. For ETPA-covered units, inadequate heat is also a basis for a DHCR service complaint and rent reduction order.
Westchester County — Ninth Judicial District. Yonkers falls within the Ninth Judicial District. Yonkers City Court handles evictions for properties within city limits. The court is located at the Robert W. Cacace Justice Center, 100 South Broadway, Yonkers, NY 10701. The Civil Part handles landlord-tenant summary proceedings. Westchester County suburban town courts handle evictions for properties outside Yonkers city limits — there is no centralized HUB Court system in Westchester County.
Proximity to NYC and Immigration Communities. Yonkers’ position directly north of the Bronx means the city draws tenants from both the Westchester suburban market and the New York City overflow market. Approximately 33 percent of Yonkers residents are foreign-born, and the city has significant Dominican, Mexican, Salvadoran, Jamaican, Italian, and Eastern European communities. Landlords should be aware that source-of-income discrimination is prohibited under New York State law — denying tenants based on lawful source of income, including Housing Choice Vouchers, government subsidies, or foreign income sources, violates the New York State Human Rights Law.
Older Housing Stock and Code Compliance. The median construction year for Yonkers housing is 1958, and over a quarter of units were built before the 1940s. This older stock presents particular challenges for landlords: lead paint hazards, aging plumbing and electrical systems, and heating infrastructure that requires proactive maintenance. Yonkers Code Enforcement actively inspects rental properties, and housing court judges will scrutinize habitability conditions when tenants raise warranty of habitability defenses in eviction proceedings. For ETPA-covered units, DHCR can issue rent reduction orders for decreased services including maintenance failures.
Free Legal Representation. Legal Services of the Hudson Valley provides free legal representation for qualifying tenants in Yonkers. Westchester County has robust tenant advocacy organizations. The 9th Judicial District Court Help Center provides procedural help, forms, and information for unrepresented parties.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. Must be returned within 14 days of move-out with an itemized statement of deductions. Must be held in an interest-bearing account — tenant receives interest minus a 1 percent administrative fee. Application fees are capped at $20 total. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period. Yonkers does not impose additional local deposit requirements beyond state law.
Yonkers City Court — Where Yonkers Landlords File
Yonkers landlords file summary proceedings (nonpayment petitions and holdover petitions) at Yonkers City Court, located at the Robert W. Cacace Justice Center, 100 South Broadway, Yonkers, NY 10701. General phone: (914) 831-6450. Civil Part: (914) 831-6920. Hours: Monday through Friday, 9:00 a.m. to 5:00 p.m. The building is ADA accessible with parking available in the courthouse lot — though this lot fills early, so landlords should consider the municipal lot near 87 Nepperhan Avenue. The filing fee for a summary proceeding is approximately $45. After judgment, the Westchester County Sheriff executes the warrant — not a city marshal. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). Yonkers eviction proceedings involving ETPA-covered units carry additional procedural requirements: the landlord may need to serve notice on DHCR before proceeding, and the court will verify the unit’s regulatory status. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings — particularly those involving rent-stabilized units, DHCR complaints, habitability defenses, or adjournment requests — can extend to 12 to 16 weeks or significantly longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Westchester County Sheriff is authorized to physically remove a tenant.
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