Skip to main content
CityRuleLookup

Westchester County, NY Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: New Rochelle, Mount Vernon, and Yonkers have their own repairs & habitability rules that differ from Westchester County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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)

View official code

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?
Yes, unless your lease says otherwise. Owner-furnished heat must be kept at least 68°F, measured 18 inches above the floor and three feet from an outside wall, under County Code § 873.2418(2).
What heaters are banned in Westchester rentals?
Unvented flame space heaters and space heaters lacking a backdraft diverter and automatic controls are prohibited under § 873.2418(3); approved portable electric or gas heaters are allowed.

Sources & Official References

Other rules in Westchester County

All Westchester County rules

New York rules heatmap·Compare Westchester County to another location·View the New York rental property rules overview

Get notified when Repairs & Habitability in Westchester County, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Repairs & Habitability in Cities Across Westchester County