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landlord's right of entry

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landlord's right of entry

Postby smf » Mon Apr 07, 2003 11:17 am

My landlord entered our apartment last week while my roommate was home. He rang the bell and didn't receive a response, so he let himself in. When she came out of her room, he said that he was there to do a (non-emergency) repair, and lied that I had given him permission to enter the apartment (he hadn't even asked me).

I'm drafting a letter to send to him via registered mail, outlining what happened and telling him that the law prevents him from coming into the apartment without notifying us. However, I'm having a hard time actually finding the law that says this. Does anyone know the law/article that deals with landlord's right of entry/tenants' right to privacy?

I am also wondering whether his failure to give us notice gives us the right to terminate the lease; I know it does in some states, but have been unable to find this information for NYC.
smf
 
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Location: New York, NY

Re: landlord's right of entry

Postby consigliere » Tue Apr 08, 2003 12:33 pm

Housing Maintenance Code §27-2008 provides:
 
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."
 
I doubt that you could terminate your lease because of this one incident.
 
consigliere
 
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