Owner’s Right of Access

Most of the time, access between the landlord and the tenant is simple. The tenant notifies the landlord of a problem, and the landlord goes into the unit (or sends a representative), inspects, and generally resolves whatever the issue is that day.

Of course, anyone who is familiar with the landlord/tenant relationship knows that sometimes it’s not so simple. Regardless of how complicated it becomes, building owners are required to comply with the warranty of habitability and the Housing Maintenance Code.  

Owner’s right of access is detailed in the multiple dwelling law in 28 RCNY 25-101. Request for access by an owner should be in writing and set forth a proposed date of entry. The multiple dwelling law requires building owners to give written notice at least one week in advance of the proposed access date, with two narrow exceptions:

The first exception is emergencies or dangerous conditions. A good example of that is a hazardous leak on the premises. In that case, no written notice is necessary, and the access can occur immediately.

The second exception is when the landlord seeks access not for repairs, but for an inspection to determine compliance with the Housing Maintenance Code. In that case, only a 24-hour written notice is required.

If a building owner complies with these requirements and access is thwarted by the occupant, a building owner may have to use the courts to compel access or terminate the tenancy.

Jordi Fernandez Law, P.C.
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New York, NY 10170
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