Westchester County, NY Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Minimum heat
- 68°F, 18 in above floor
- Who must provide heat
- Owner, unless lease states otherwise
- Enforcing agency
- Westchester County Health Department
- Governing law
- County Code Article XXIV § 873.2418
Summary
Westchester County's housing code requires owners furnishing heat to maintain dwellings at no less than 68 degrees Fahrenheit, measured 18 inches above the floor and three feet from an outside wall, under the county's minimum housing standards.
The owner is responsible for furnishing the heat unless the rental agreement provides otherwise. Where the owner furnishes the heat, the temperature shall be maintained at not less than 68 degrees Fahrenheit at a distance of 18 inches above floor level and three feet from an outside wall.3.Unvented flame space heaters and space heaters without backdraft diverter and automatic controls are prohibited; portable electric heaters, approved under the appropriate local or state electrical and/or fire prevention code are acceptable (where they meet the provisions of subdivision 1. of this section). Where there is no such local or state code, portable electric heaters meeting the standards of the National Electrical Code, as approved by the Underwriter Laboratories, Inc. and the commissioner are acceptable. Gas-fueled space or water heaters and accessories or controls shall be properly installed and be of a type approved by the American Gas Association and the commissioner. (Added 2-20-1997)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).
Full Breakdown
Article XXIV of the Westchester County Code sets minimum housing standards enforced by the County Health Department. Under Section 873.2418, the owner must furnish heat unless the lease says otherwise, and where the owner supplies heat, dwelling units must be kept at a minimum of 68 degrees Fahrenheit, measured 18 inches above the floor and three feet from an exterior wall. The section also bans unvented flame space heaters and requires portable or gas heaters to meet approved electrical, fire-prevention or American Gas Association standards.
Violations & Fines
Violations of Article XXIV are enforced under Public Health Law Sections 229 (criminal) and 12/309 (civil); the Health Department may order deficiencies corrected after written notice and a set compliance deadline.
Frequently Asked Questions
Does my landlord have to provide heat in Westchester County?
What heaters are banned in Westchester rentals?
Sources & Official References
Other rules in Westchester County
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