Q: I live in a rent-stabilized apartment in Manhattan in a building made up of mostly market-rate units. The building staff are known to access apartments without notifying the tenant and without an apparent reason, such as a service ticket or an emergency issue. If I learn that the staff has entered my apartment without notice, what are my rights? What should I do if the building management does not address this?
A: Building staff cannot just enter your rent-stabilized apartment for any reason without notifying you.
The exception to this rule is a severe emergency, such as a gas leak or a serious water leak, when waiting to make a repair would damage the building or become dangerous for tenants or staff.
Even in this case, when advance written notice is not required, the building owner should try to get in touch with the tenant by knocking on the door, calling or emailing before entering, said Ami Shah, deputy director of the citywide housing practice at Legal Services NYC.
There are other circumstances that permit landlords and building staff to enter your apartment, but as a general rule, they need to notify the tenant ahead of time, Ms. Shah said.
They can enter to inspect or conduct repairs, or to show the apartment to prospective renters. If access is needed to inspect for repairs, the landlord must provide at least 24 hours’ notice. To make the repairs, an owner must provide at least one week’s notice, and the notice must be in writing, Ms. Shah said.
You could consider installing a camera inside your apartment to create a record of unwanted visitors.
“Unauthorized entry by building personnel, for no apparent reason, is a trespass and should be reported to the landlord, building management and the police,” said David A. Kaminsky, a real estate lawyer in Manhattan.
Rent-stabilized tenants can also file a complaint with the state Division of Housing and Community Renewal stating that they have been harassed by building employees who unlawfully trespassed in their apartments.
In extreme cases, you could go to Housing Court to obtain an order to stop the unlawful entries and seek damages. If a member of the building staff came into your apartment and you are missing personal property or there is damage in your unit, you may also have a claim against the superintendent or the landlord.
Market-rate tenants may have leases that include other rules about access and how much notice must be provided.
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