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Re: NYC Access Regulations

Posted by Fred Pascal on October 05, 1999 at 12:15:49:

In Reply to: NYC Access Regulations posted by DK on September 10, 1999 at 09:11:56:

Thanks to the person who posted the regulations below. I live in a rent
stabilized apaartment. Would these rules apply to situations where the
landlord wanted to make an inspection to ascertain if required services
had been restored?
(The landlord did so while I was away, and got permission from a house-sitter,
not myself. The house-sitter pointed out he was not the tenant). The landlord
then came up with a bogus "certification" falsely stated a certain required
service had been restored.

The New York City Housing Maintenance Regulations define the procedures for reasonable access:

: TITLE 28: Housing Preservation and Development
: CHAPTER 25: Multiple Dwellings
: SUBCHAPTER H: Owner's Right to Access to Apartments or Rooms in Multiple Dwellings

: 28 RCNY 25-101 (1997)

: 25-101 Owner's Right of Access.

: (a) Owner to give notice.Where an owner seeks access to an apartment, suite of rooms or to a room, under the provisions of 27-2008 in order to make inspection therein for the purpose of determining whether such places are in compliance with the provisions of the multiple dwelling law of the administrative code, he shall notify the tenants that he will seek access to the apartment, suite of rooms, or rooms, not less that twenty-four hours in advance of such time. Where an owner, contractor or agent of the owner seeks access to make improvements required by law or to make repairs, notice shall be given to the tenant not less than one week in advance of the time when the improvements or repairs are to be started. However, where repairs are urgently needed in emergencies to prevent damage to property or to prevent injury to persons, such repairs of leaking gas piping or appliances, leaking water piping, stopped-up or defective drains or leaking roofs, broken and dangerous ceiling conditions, no advance notice shall be required from the owner, agent, contractor or workman.

: (b) Notices to be in writing.Where an owner is required to give notice in advance of seeking access to an apartment, suite of rooms or to a room, as required by subdivision (a) of this section, such notice shall be in writing and shall contain a statement of the nature of the improvement or repairs to be made.

: (c) Authorization to be in writing.Where an authorized agent or employee of an owner seeks access to an apartment, suite of rooms, or rooms, the authorization of the owner shall be in writing and the agent or employee shall exhibit such authorization to the tenant when access is requested.

: (d) Hours when access to be permitted.Except in emergencies, access to an apartment, suite of rooms, or rooms, shall be limited, to the hours between nine antemeridian and five post-meridian. Access shall not be required on Saturdays, Sundays or legal holidays except in emergencies.

: So---If you live in NYC, send your landlord a copy of the regulations and request that it comply with them. It is certainly unreasonable not to outline a more detailed schedule.

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