When can a landlord enter your apartment in NYC?

In New York City a landlord can enter your apartment only for a legitimate reason, such as repairs, inspections required by law, or an emergency, and outside emergencies they must tell you in writing first. City rules call for at least 24 hours' notice for an inspection and at least one week for repairs or improvements, with visits on weekdays between 9am and 5pm unless you agree otherwise.

You, in turn, can't unreasonably refuse access for repairs the law requires. Refusing can become grounds for an eviction case. Here is how the rules fit together, what changes for rent-stabilized apartments and showings, and what to do when a landlord keeps letting themselves in.

The basic rule: access for a reason, at a reasonable time

Housing Maintenance Code § 27-2008 says a tenant can't refuse to let the owner, their agent or employee in to make repairs or improvements the law requires, or to inspect for code compliance, as long as entry happens "at a reasonable time and in a reasonable manner." The city's rule on how that works, 28 RCNY § 25-101, fills in the details, and HPD repeats them in its ABCs of Housing guides:

• The owner must notify you in advance and in writing of the day and time they want to come in.
• The appointment must be between 9am and 5pm, Monday through Friday, unless you agree to something else or there is a condition that must be dealt with immediately.
• Any contractor or agent must be able to show written authorization from the owner to enter and do the work.

The Attorney General's tenants guide puts it the same way statewide: entry with reasonable prior notice, at a reasonable time, with your consent for routine or agreed repairs. If a tenant unreasonably refuses, the landlord's remedy is a court order, not a locksmith.

How much notice for each kind of visit

Emergencies: when no notice is needed

When repairs are urgently needed to prevent damage to property or injury to people, no advance written notice is required. HPD's examples are gas leaks, water leaks, stopped-up or defective drains, leaking roofs and broken, dangerous ceilings. The rule also covers urgent repairs where HPD has issued a Class C (immediately hazardous) violation, except a lead paint violation. Even then, the owner must try to tell you by phone, email or knocking on your door at a reasonable time. If the super had to come in while you were out, it's reasonable to ask for a note saying when, who, and what was done.

Showings: market-rate vs rent-stabilized

If your lease has a showing clause, read it closely. A reasonable plan is to offer two or three windows a week with a day's notice each time, and to ask that an agent, not a stranger with a lockbox code, be present.

Do you have to let them in?

For repairs the law requires, generally yes. Under Housing Maintenance Code § 27-2009, if a tenant is convicted of a code violation for unreasonably refusing access for required repairs, that conviction is a ground for a summary eviction proceeding. For rent-stabilized tenants, the Rent Stabilization Code lists unreasonable refusal of access as an eviction ground too. Refusing can also undercut your own case: the NY Courts law library notes that an owner can cite a tenant's refusal of access when responding to a rent-reduction complaint with the state. The practical approach is to offer alternative dates in writing rather than say no.

When entry becomes harassment

Under NYC's harassment law (Housing Maintenance Code § 27-2004(a)(48)), these count as harassment when done to push you out or make you give up rights:

• Repeatedly contacting or visiting you on Saturdays, Sundays or legal holidays, outside 9am to 5pm, or in a way that can reasonably be expected to abuse or harass you, unless you agreed in writing to those times.
• Other repeated acts that substantially interfere with your comfort, peace or quiet, which can include repeated unannounced entries.
• Removing your belongings, or changing the lock without giving you a key.

HPD's harassment page also lists repeatedly contacting or visiting a tenant during non-business hours when the tenant hasn't indicated a willingness to have that contact. See Tenant harassment in NYC for the full list and how to file.

What to do about unannounced entry

1. 1

   Write it down every time

   Date, time, who came in, how they entered, what they did, and whether you had any notice. Keep photos, doorbell or camera footage, and witness names.
2. 2

   Send a written request

   Email or certified mail to the owner and managing agent: cite HMC § 27-2008 and 28 RCNY § 25-101, ask for written notice and weekday 9–5 appointments, and offer specific times for any pending repair.
3. 3

   Report it

   Call 311 and say you believe you are being harassed; HPD’s Anti-Harassment Unit receives those referrals. Rent-stabilized tenants can also contact NYS HCR (718-739-6400).
4. 4

   Call the police for anything criminal

   If someone enters and removes your things, threatens you, or changes the lock, call 911. Lockouts have their own process.
5. 5

   Consider Housing Court

   Tenants can bring a harassment claim (an HP action) in Housing Court and ask for an order stopping the conduct. Legal services providers can help you prepare it.

If the landlord is entering to do repairs you asked for, the better route is usually to schedule them. Unfixed conditions are covered in the warranty of habitability and HPD complaints. For keys and the extra lock you're allowed to add, see locks, keys and peepholes.