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in a non rent stabilized ,rent controlled ,mitchell-lama or nych apartment its all spelled out. its a pretty gray area for any other type of rental as to how ofton and for what reason landlords can enter tenants apartment. in fact ny state has no laws specifically forbidding it, its generally left to the lease to define with a smidgeon of guidelines from the various city departments..
the loophole is that the landlord is required by law to have certain things in the apartment well maintained to code and he has a right with proper notice to inspect the apartment to make sure its conforming to code.
basically with proper notice a landlord can inspect the apartment for compliance.. what constitues harrasement though vs code compliance checks is up to a judge to define.
Last edited by mathjak107; 10-23-2010 at 04:29 AM..
Blatantly illegal. He has no more legal right to enter your apartment then a thief. Only during an emergency can he enter without your permission, fire, gas leak, flood etc.
becareful with broad statements ,thats not totally true:
nys has no law forbidding landlord access. ...the various city agencies have their own rules but its basically all with proper notice the landlord can inspect his property for code conformity ..of course the tenant has a right to privacy so exactly how many of these inspections is harassement is really up to the judge to decide. i havent found anything either yes or no as far as a landlord inspecting for conformity to a leases terms in a privately rented dwelling. such as can a landlord inspect to see if your carrying on a business in the apartment or have 20 people living there . im not sure about those grounds as i cant find anything on it..
, New York City Law and Rule
Title 27, Chapter 2 New York City Administrative Code
HOUSING MAINTENANCE CODE
Subchapter 2: MAINTENANCE, SERVICES, AND UTILITIES
ARTICLE 1
Obligations of Owner and Tenant: Duty to Repair
HMC § 27-2008 Owner's right of access
No tenant shall refuse to permit the owner, or his or her agent or employee, to enter such tenant's dwelling unit or other space under his or her control to make repairs or improvements required by this code or other law or to inspect such apartment or other space to determine compliance with this code or any other provision of law, if the right of entry is exercised at a reasonable time and in a reasonable manner. The department may by regulation restrict the time and manner of such inspections.
for a look at how the various city agencies view things this is an execellent site
in a non rent stabilized ,rent controlled ,mitchell-lama or nych apartment its all spelled out. its a pretty gray area for any other type of rental as to how ofton and for what reason landlords can enter tenants apartment. in fact ny state has no laws specifically forbidding it, its generally left to the lease to define with a smidgeon of guidelines from the various city departments..
This is so wrong!
This is where I "get this stuff".
Quote:
RULES & REGULATIONS OF THE CITY OF NEW YORK
TITLE 28. HOUSING PRESERVATION AND DEVELOPMENT
CHAPTER 25. MULTIPLE DWELLINGS.
SUBCHAPTER H. OWNER’S RIGHT TO ACCESS TO APARTMENTS OR ROOMS IN MULTIPLE DWELLINGS.
28 RCNY § 25-101. Owner’s Right of Access.
(a) Owner to give notice. Where an owner seeks access to an apartment, suite of rooms or to a room, under the provisions of § 27-2008 in order to make inspection therein for the purpose of determining whether such places are in compliance with the provisions of the multiple dwelling law of the administrative code, he shall notify the tenants that he will seek access to the apartment, suite of rooms, or rooms, not less than twenty-four hours in advance of such time. Where an owner, contractor or agent of the owner seeks access to make improvements required by law or to make repairs, notice shall be given to the tenant not less than one week in advance of the time when the improvements or repairs are to be started. However, where repairs are urgently needed in emergencies to prevent damage to property or to prevent injury to persons, such repairs of leaking gas piping or appliances, leaking water piping, stopped-up or defective drains or leaking roofs, broken and dangerous ceiling conditions, no advance notice shall be required from the owner, agent, contractor or workman.
(b) Notices to be in writing. Where an owner is required to give notice in advance of seeking access to an apartment, suite of rooms or to a room, as required by subdivision (a) of this section, such notice shall be in writing and shall contain a statement of the nature of the improvement or repairs to be made.
(c) Authorization to be in writing. Where an authorized agent or employee of an owner seeks access to an apartment, suite of rooms, or rooms, the authorization of the owner shall be in writing and the agent or employee shall exhibit such authorization to the tenant when access is requested.
(d) Hours when access to be permitted. Except in emergencies, access to an apartment, suite of rooms, or rooms, shall be limited, to the hours between nine antemeridian and five post-meridian. Access shall not be required on Saturdays, Sundays or legal holidays except in emergencies.
Note: Neither the HMC as a whole nor section 27-2008 by its own terms, is restricted to multiple dwellings (buildings with three or more units), so it is unclear why the NYC rule enacted to enforce it is titled as it is.
You contradict yourself or are ignorant of the law.
mathjak107 says:
Quote:
the loophole is that the landlord is required by law to have certain things in the apartment well maintained and he has a right with proper notice to inspect the apartment to make sure its conforming to code.
mathjak107 says:
Quote:
nys has no law forbidding landlord access. ...the various city agencies have their own rules but its basically all with proper notice the landlord can inspect his property for code conformity
You keep referring in your posts to "proper notice". Well what is proper notice? The guide lines in 28 RCNY § 25-101 (RULES & REGULATIONS OF THE CITY OF NEW YORK, this is a law of the City of New York, not simply a regulation or statute in the various housing codes). are what judges use to determine if a landlord or tenant has violated the law. Emphasis on "law" since a law supersedes any lease provision to the contrary and as noted above it is not restricted to multiple dwellings of 3 or more but all rentalable units. Has this landlord under any circumstance by showing up unannounced or apparently using his key to gain entry come close to obeying the law? I don't think so.
Last edited by modsquad81; 10-23-2010 at 06:02 AM..
no court i believe would ever stop a landlord from doing a periodic building code inspection on his property with at least 24 hr notice. how many of these periodic code inspections are allowed is not defined but i would think anything more then once or twice a year would be looked upon by a judge as harrasement and breach of privacy..
Last edited by mathjak107; 10-23-2010 at 05:25 AM..
heres a better question and im not sure of the answere .i cant find anything on it but ill run it by my son as hes an attorney here in nyc.
can a landlord in a non stabilized or rent controlled apartment do inspections for lease conformity if you put that in the lease?
its a given that a landlord can inspect the apartment to make sure what he is required to maintain is up to code but if the lease says no pets or no washing machine can he do a yearly inspection to see if there are pets or a washing machine ?
of course he can use the code inspection as his reason for gaining entrance but im not sure about lease violations...
if he does find lease violations are they valid if he gained access for building code compliance checks.?
just for the heck of it i checked the standard blumberg lease we use for un-regulated apartments in nyc , the lease states landlord can "inspect" the apartment with proper notice
key word is inspect ,plain and simple ,it reads just inspect....unlike regulated apartments where rules read inspect for code violations... not sure what that means you can do exactly
Last edited by mathjak107; 10-23-2010 at 06:53 AM..
Now he comes over once a week, or so to "check on things" but he's really just seeing if the appliances are clean. It's actually kind of annoying because I didn't realize I was still in college and had an RA coming to check my room.
UPDATE: There is was quiet since I last posted however I received a text that there is a shareholders meeting tomorrow and he would like to stop by. I don't want him to since I have so much clothing to put away and I won't be home. How to I keep him from not coming into my apartment against my wishes?
Ask him if it's an emergency. If not tell him that under no circumstance will you allow him entry tomorrow with or without your presence. You need not give him a reason. Make sure you stress the "without your presence".
Denying access at this point is not an evictionable offense. His next step would be have his lawyer threaten you with eviction but you have up until a judge in housing court orders you to comply with the lease provision, he will not evict you until you absolutely positively refuse access going against a court order. It's up to you to play this out for as long as you wish to torture him.
Ask him if it's an emergency. If not tell him that under no circumstance will you allow him entry tomorrow with or without your presence. You need not give him a reason. Make sure you stress the "without your presence".
Denying access at this point is not an evictionable offense. His next step would be have his lawyer threaten you with eviction but you have up until a judge in housing court orders you to comply with the lease provision, he will not evict you until you absolutely positively refuse access going against a court order. It's up to you to play this out for as long as you wish to torture him.
The thing is I have no idea why he wants to come in? To see the precious appliances??? I mean they are FINE. I haven't even been home to cook lately.
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