In a true emergency, such as smoke, water or gas pouring out of your apartment, or other conditions that threaten life and safety, your landlord and his agents have the right to enter your apartment without advance notice. They also have the right to enter to make necessaary repairs at reasonable hours with reasonable notice and with proper identification. If they enter your unit without your permission in non-emergency cases, they are trespassing, a criminal offense.
There is no NY state statute that defines a landlord's right to entry, however, both Rent Control and Rent Stabilization laws contain limited entry provisions; other rent regulations, such as Mitchell-Lama or NYCHA, may contain similar provisions. There are also a NYC law and rule that limit it; there may be similar laws in other towns or counties. Most leases and rental agreements give landlords some rights to enter rental properties under broader circumstances than these laws. As with any other confilct between the lease clause and the laws in L&T issues, if the lease is more favaroble to the tenant than the law is, the landlord must abide by the lease; if the lease is less favaroble, the laws control. Furthermore, if the lease gives the landlord unfetterred right to enter without reason or notice, this would be unenforceable because it would violate the tenants right to possession and privacy.
Landlords may have grounds for eviction proceedings for breach of lease or for violation of substantial obligations of the lease and/or tenancy (laws) against tenants who unreasonably deny aiccess requests. Landlords must generally require a notice to cure to provide access before serving a termination notice followed by the petition. In the event landlord prevails at trial RPAPL § 753(4) provides "In the event that such proceeding is based upon a claim that the tenant or lessee has breached a provision of the lease, the court shall grant a ten day stay of issuance of the warrant, during which time the respondent may correct such breach."
New York City Law and Rule
Title 27, Chapter 2 New York City Administrative Code
HOUSING MAINTENANCE CODE
Subchapter 2: MAINTENANCE, SERVICES, AND UTILITIES
ARTICLE 1
Obligations of Owner and Tenant: Duty to Repair
HMC § 27-2008 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.
http://tenant.net/Other_Laws/HMC/new/index.html
http://tenant.net/Other_Laws/HMC/new/sub2/art1.html
RULES & REGULATIONS OF THE CITY OF NEW YORK
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. 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 than 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.
Note: Neither the HMC as a whole nor section 27-2008 by its own terms, is restricted to multiple dwellings (buildings with three or more units), so it is unclear why the NYC rule enacted to enforce it is titled as it is.
NYC Rent Stabilization Code
Subchapter B of Chapter VIII of Subtitle S of Title 9 NYCRR
§ 2524.3 Proceedings for eviction--wrongful acts of tenant
Without the approval of the DHCR, an action or proceeding to recover possession of any housing accommodation may only be commenced after service of the notice required by section 2524.2 of this Part, upon one or more of the following grounds, wherein wrongful acts of the tenant are established as follows:
(e) The tenant has unreasonably refused the owner access to the housing accommodation for the purpose of making necessary repairs or improvements required by law or authorized by the DHCR, or for the purpose of inspection or showing the housing accommodation to a prospective purchaser, mortgagee or prospective mortgagee, or other person having a legitimate interest therein; provided, however, that in the latter event such refusal shall not be a ground for removal or eviction unless the tenant shall have been given at least five days' notice of the inspection or showing, to be arranged at the mutual convenience of the tenant and owner so as to enable the tenant to be present at the inspection or showing, and that such inspection or showing of the housing accommodation is not contrary to the provisions of the tenant's lease or rental agreement.
http://www.tenant.net/Rent_Laws/RSC/rsc2524.html
cite as: 9 NYCRR § 2524.3(e) or RSC § 2524.3(e)
NYC Rent Control Law
CITY RENT AND REHABILITATION LAW
NEW YORK CITY ADMINISTRATIVE CODE
§ 26-408. Evictions.
a. No tenant, so long as he or she continues to pay the rent to
which the landlord is entitled, shall be removed from any
housing accommodation which is subject to rent control under
this chapter by action to evict or to recover possession, by
exclusion from possession, or otherwise, nor shall any
person attempt such removal or exclusion from possession
notwithstanding the fact that the tenant has no lease or
that his or her lease, or other rental agreement, has
expired or otherwise terminated, notwithstanding any
contract, lease agreement, or obligation heretofore or
hereafter entered into which provides for surrender of
possession, or which otherwise provides contrary hereto,
except on one or more of the following grounds, or unless
the landlord has obtained a certificate of eviction pursuant
to subdivision b of this section:
(6) The tenant has unreasonably refused the landlord access
to the housing accommodation for the purpose of making
necessary repair or improvements required by law or for
the purpose of inspection or of showing the
accommodation to a prospective purchaser, mortgagee or
prospective mortgagee, or other person having a
legitimate interest therein; provided, however, that in
the latter event such refusal shall not be ground for
removal or eviction if such inspection or showing of
the accommodation is contrary to the provisions of the
tenant's lease or other rental agreement.
cite as : NYCAC § 26-408(a)(6)
NYC Rent Control Regulation
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF
THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE S. DIVISION OF HOUSING AND COMMUNITY RENEWAL
CHAPTER VII. EMERGENCY HOUSING RENT CONTROL
SUBCHAPTER D. RENT AND EVICTION REGULATIONS ‐‐ NEW YORK CITY
§ 2204.2 Proceedings for eviction without certificate.
(a) Except as provided in sections 2204.1 and 2204.4 of this Part, an action or
proceeding to recover possession of any housing accommodation shall be
maintainable, after service and filing of the notice by section 2204.3, only upon one
or more of the following grounds:
(6) The tenant has unreasonably refused the landlord access to the housing
accommodation for the purpose of making necessary repairs or improvements
required by law or for the purpose of inspection or of showing the
accommodation to a prospective purchaser, mortgagee or prospective
mortgagee, or other person having a legitimate interest therein; provided,
however, that in the latter event such refusal shall not be grounds for removal
or eviction if such inspection or showing of the accommodation is contrary to
the provisions of the tenant’s lease or other rental agreement.
cite as: 9 NYCRR § 2204.2(a)(6)
NOTE: for rent stabilized tenants outside of NYC, see the Emergency Tenant Protection Regulations § 2504.2(e)