Intrusive landlady

[THansonNYC]

I have a landlady who in spite of my objections enters my apartment unannounced when I am home or not (sometimes when I am sleeping). I have called the police and they have told me she has this right. I know this is not true, but since the police won't get involved, what recourse do I have?

[consigliere]

By law, the landlord is required to put a chain on your apartment door. If she hasn't, phone HPD to inspect and issue a violation.
 
You can also install your own chain (or chain door lock) and a bolt on your apartment door. That will keep her from entering while you're home.
 
A chain door lock would also keep her from entering while you're out. You could also change the cylinder on the lock and/or install a second lock, and not give her the key(s).
 
If she makes an issue of not having the key(s), inform her, in writing, that her unauthorized entries into your apartment are the reason.
 
And speak with the police captain on duty. Unless there is a real emergency, a landlord shouldn't enter an apartment without notice. And entering with notice requires a legitimate reason. Have him inform his police officers.
 

[HAJ77]

Have you notified her by certififed, return recipt mail that you do not want her entering your apartment for non-emergencies? I agree with Consigliere that you need to escalate this within the police precinct since the patrol officers are not aware of the law.

[THansonNYC]

The saga contimues here. We have been without heat here for 4 days. The landlady says to heat the apartment with the oven. In the meantime she entered again this morning unannounced and traumatized an out of town guest. She said she called and left a message, which is a lie. I am installing a burglar chain lock this evening. The landlady says she will get in anyway. While here I gave her a letter including a printout of this discussion. She says she doesn't need any trouble and doen't deserve any because she has spent a lot of money on the building.

[THansonNYC]

The saga continues here. We have been without heat here for 4 days. The landlady says to heat the apartment with the oven. In the meantime she entered again this morning unannounced and traumatized an out of town guest. She said she called and left a message, which is a lie. I am installing a burglar chain lock this evening. The landlady says she will get in anyway. While here I gave her a letter including a printout of this discussion. She says she doesn't need any trouble and doen't deserve any because she has spent a lot of money on the building.

[mjr203]

It's definitely harassment and it might be trespassing.

You going to have to escalate this within the police dept. You have a right to quiet enjoyment of your apartment and to privacy.

A LL cannot walk into your apt whenever they feel like it.

I'd install a new lock if I were you and not give her a key. She does not have the right to enter without prior notice for specific reasons.

HEATING--

I am dreading the winter in my cold apartment - what can I do to get adequate heat?

By law, building owners must provide all tenants with the following levels of heat (During the heating season, October 1 through May 31):

Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees;
Between 10 p.m. and 6 a.m., heat must register at least 55 degrees Fahrenheit when the outside temperature falls below 40 degrees.
Tenants in New York City with heat and/or hot water complaints should call the NYC Central Complaint Bureau's Hot Line (212) 824-4328.

In addition, rent stabilized and rent controlled tenants can file a complaint with the New York State Division of Housing and Community Renewal (718-739-6400) if the landlord is violating the above rules. For more details, see the relevant fact sheet on our web site.

If you find that the landlord IS in fact meeting the heating standards but it still feels cold to you, you might talk with the landlord about repairing windows or other openings that are allowing drafts to enter the apartment. Sometimes some caulking, tape or insulation around windows will provide tremendous heat saving benefits.

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I didn't have heat or hot water for several days - do I have any recourse?

There are various ways to deal with this situation:

Contact the super and request immediate repairs. The Housing Maintenance Code requires that a number be posted for contacts for emergency repairs on a 24 hour basis. Write a letter to the management company and owner and send it certified mail. Document all instances of lack of heat. Have your neighbors do likewise.
If no response, call the Central Complaint Bureau's Hot Line (212-824-4328).
File a reduction in services complaint with the NY State Division of Housing and Community Renewal, the state agency which administers the rent regulation system (718-739-6400). For more information, see the Fact Sheet. You may be required to fill out a form "Tenant’s Application for Rent Reduction based upon the Owner’s Failure to Provide and Maintain Heat and/or Hot Water Service(s)" or "HHW-1".
If the problem simply won't go away, and the landlord is not responsive, file an ""HP" action in Housing Court. For more information call the Civil Court of the City of New York at (212)791-6000 and follow the teleprompts to Landlord/Tenant matters or review the Tenant’s Guide to Housing Court or this Housing Court Information Sheet.
Although a somewhat riskier strategy, you may consider withholding rent and claim an abatement under your warranty of habitability. The landlord is likely to sue you for non-payment of rent and breach of the warranty of habitability can be raised by you as a counterclaim. This strategy is risky because, if you lose, you may have to promptly pay the back rent (or face eviction) and, depending upon the terms of your lease, you may have to pay the landlord’s legal fees.

http://www.housingnyc.com/resources/faq/quality.html

<small>[ January 07, 2003, 06:23 PM: Message edited by: pointerout ]</small>