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Inspection order by Bank??

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Inspection order by Bank??

Postby brooklynstabilized » Thu Jun 14, 2018 2:40 pm

Hi Guys,

So my landlord just posted a letter in the hallway that said "Our bank has ordered an inspection of the property to be performed this Friday, June 15th, 2018 at 11:00 a.m. Owner will not need to step inside units; but we ask that you allow the bank representative to do the required walk-through of the unit. We must do the full building at once, so in the event that no one is home at this time, we will need to allow access using the spare keys (emergency case only; to avoid this please be home at the time of inspection).

Now there are a few problems with this. One is that this landlord has harassed us after the tenants filed complaints with the city to get repairs done in our apartments, and also formed a Tenant Association. Two is I don't think this is enough notice. I've been home sick for the past 3 days with the flu, and if i didn't have to walk my dog I would have never seen this letter. He emails us to harass us about petty things, but doesn't bother emailing us about this. Also, This isn't fair because most people work in the building so they'll have to take off work and lose a days pay. Most tenants won't see this notice until 5 or 6 pm tonight which is not 24 hours notice. Do we have to let them in? Can we ask the landlord why this needs to be done? Also, Can we ask the Bank rep for identification? I really don't feel well enough to straighten up my whole apartment. Please advise. I really appreciate it. Sorry for the long winded post, but this guy is extremely frustrating. One last thing.. Why would a bank representative need to inspect all of the tenants apartments?
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Re: Inspection order by Bank??

Postby TenantNet » Thu Jun 14, 2018 5:09 pm

I haven't seen this specific situation before, but is the building in foreclosure? I don't ever recall a bank going into every tenant's apartment for a simple mortgage? Or perhaps a developer is looking at the building to replace it with something larger? If that's the case the tenants should start organizing ASAP. I would certainly start looking into what's going on here. I smell danger.

I would start looking into possible real estate things that are happening in your area.

As for access, I think the law gives the landlord the right of access, not a bank. So number one I would look into this as they might not have a right in the first place. See the threads (I think there are two threads) on access in the forum's reference section. http://tenant.net/phpBB3/viewtopic.php?f=15&t=4837 and
http://tenant.net/phpBB3/viewtopic.php?f=15&t=7789

Just scanning it I think DHCR requires five days' notice for inspections, but also look at what HPD might require.

As for a specific time, well that's nonsense. Let's say it's the LL (not a bank) wanting to inspect all units. While tenants should be reasonable if the LL has stated in writing with sufficient advance notice the reasons for the inspection, that is not to say you must take time off of work or whatever and be there when the LL wants. Nor are you required to have someone there if you can't. And of course, unless it's an emergency, the LL can't legally enter on their own. But if worried they might do that, consider changing the locks. I usually offer the LL an alternate reasonable time a few weeks down the road. You can also offer a weekend time although the LL might reject that. My feeling is that they are the ones requesting the access.

Perhaps the tenant association should be in contact with the tenants and respond to the LL.
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Re: Inspection order by Bank??

Postby brooklynstabilized » Thu Jun 14, 2018 5:41 pm

Thank you for your reply. I totally agree with your assessment. They seem to purposely be doing things like this, and never give us advance notice. It's as if they're trying to make it look like we're the ones that are giving them a hard time. We got in touch with our Tenant Association attorney, and he said we don't have to let them in, and they can't evict us for that. He also mention that it seems as though he was going to try to use the key to open the door when it's not an emergency which is illegal. I have cameras in my apartment pointing at the door so I will have this on record if he tries that.
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Re: Inspection order by Bank??

Postby TenantNet » Thu Jun 14, 2018 6:11 pm

Curious, who is your attorney? (you can PM the answer to us).

You might consider taping a 3 x 5 card on your door with language something like "No admittance allowed by anyone without written permission of the lawful tenant or in a provable emergency." And keep the Nanny Cams rolling. Remember there are rules for LL access, but the bank is not the LL.

But as I said, I think the bigger danger lies in what the LL/Bank are up to. I would watch what is going on with Buildings Dept., Finance Dept (where deeds and mortgages are reported).
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