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LL Access - Under what circumstances may they have it?

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

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LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Fri Mar 10, 2023 4:21 pm

Hello TN,

I live in a rent-stabilized apartment in Queens. A secretary from the landlord called me today indicating that the managing agent for the building wants access to my apartment. She said "they do this periodically" and "they want to check for violations."

I said, "I've lived here over 20 years and have never had a request for access," and "there are no violations here."

The secretary insisted that they want access in two days (next week) and did not provide any complaint numbers or court order references. (Last year I made an HPD complaint that we had not had heat -- first, in two days, and later, as it continued, for five days. But since that time their violation was corrected and we have had heat.)

I told the secretary that the request must be in writing, and a detailed explanation of why they want access needs to be included.

Can anyone tell me, do they have a right to come into my apartment? They have provided no good reason, and there is no "emergency."

Thanks for any advice!
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Re: LL Access - Under what circumstances may they have it?

Postby TenantNet » Fri Mar 10, 2023 4:53 pm

They do have a right to periodically inspect the unit, within reason. But they can't make it a fishing expedition. They have to give notice and information.

Look at this reference post:

http://tenant.net/phpBB3/viewtopic.php?f=15&t=4837

Make sure everything is in writing. Give them 3 alternate times - SPECIFIC times, not just anything between 9 and 5. Tell them to confirm one of those times in writing (or email) - or offer other alternatives by 72 hours prior to the time.

They need to state what rooms and what they wish to inspect. They can't go through your personal stuff. You can photo/video their visit, but you can insist they do not take photos or videos without a court order.

Look, the LL may double-down and get nasty. It's a negotiation. They need to tell you the name of the person inspecting - if not otherwise known to you. (although it might be better to keep it on the low if you can get the super in without a fuss). You can insist the person is vaccinated/boostered and wears a mask.
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Re: LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Fri Mar 10, 2023 5:29 pm

Thank you for your swift and considered response, TenantNet.

If HPD violations (no heat) have been corrected months ago--they claim they want to see if there are violations--why are they allowed to come in at all?

I'm not a hoarder. I'm not causing noise or any other problem/nuisance.

Months ago I was active in suggesting tenants call 311 when there was no heat/hot water, and distributed little flyers about it. Many years ago I helped form a tenants' association to fight a massive MCI (the increase was significantly lowered when we filed papers with DHCR, using a lawyer). A few months ago I made a complaint to the owner re inappropriate behavior by the super (cursing at me, for example, without reason) but since I did, the super has behaved.

The only conclusion I can come to is that they're harassing me for no reason.

They want to send a building manager, who is a surly piece of work. I do not want him in my space.

I think I want to get a lawyer and have them send the request to the lawyer.

Thanks for all of your help, TN!
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Re: LL Access - Under what circumstances may they have it?

Postby TenantNet » Fri Mar 10, 2023 5:39 pm

It's not a question if the heat has been restored. They have a right of access, which I believe is limited. They can't just waltz in anytime. The only exception is a real emergency (gas, fire, police, etc.) not what the LL might claim is an emergency.

Check your building on the HPD website. It might be the LL is trying to clear a violation ... although in my experience, it would be HPD inspectors, not the LL that would come, and they are usually unannounced. The problem with HPD is that their inspectors would likely show at 3 PM when it's nice and warm, not 3 AM when you're freezing.

I don't think I said you were a hoarder. So why deny it?

Tenants often insert all sorts of irrelevant information. Stop doing that.

Look, asking for access is NOT harassment. It's a right they have. But as I said and the link I gave you detailed, you can insist on certain things - in my opinion.

By all means speak with a tenant lawyer (not any person who is any old lawyer). If they tell you different from what we've said, please post it.
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Re: LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Fri Mar 10, 2023 6:13 pm

Thanks again TN. I mentioned not being a hoarder because I know that would be one reason they might want to inspect. (We have had a couple in the building.)

Thanks for encouraging me to focus. I needed that.

Have an appointment with a tenant attorney (one of your advertisers). Thanks again!
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Re: LL Access - Under what circumstances may they have it?

Postby TenantNet » Fri Mar 10, 2023 6:16 pm

You're reading too much into this. Please tell our advertisers where you saw their ad.
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Re: LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Fri Mar 10, 2023 6:34 pm

I will. Thanks again TN!
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Re: LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Sat Mar 11, 2023 1:08 pm

Reporting on what the tenants' lawyer told me.

1. The landlord has a right to do an inspection.

2. I can ask that they not take photos or video without a court order.

3. The inspection can last 15 minutes to a half hour.

4. They will look for mouseholes, leaks, and will go around the perimeter of the apartment to check for secure windows, etc. (And for child guards on the windows if there are kids living there.)

5. They are not allowed to look into your drawers but may look in closets.

6. Chipping paint isn't an issue necessarily but could be if there are children living in the apartment (concern for lead paint).

7. They can make sure there are "no dangerous conditions."

Instead of the surly manager of our building doing it, I am going to try through the lawyer to negotiate with the owner to have the super's wife (also super) do it.

Thanks again for your help, TN, as always!
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Re: LL Access - Under what circumstances may they have it?

Postby TenantNet » Sat Mar 11, 2023 1:36 pm

You can limit the inspection to a reasonable amount of time. 30 minutes is more than enough for most apartments. So be reasonable about it. Yes a good LL will look for mouse holes, etc. But many LLs will be trying to find something to pin on you. Only you know what kind of LL you have.

I believe - and have done this - require them to put in writing what rooms and which items they wish to inspect, and then limit any inspection to that.

You will need to control the situation, be reasonable (and appear to be reasonable), but don't let them take advantage of things. If they pull out a camera or smartphone, tell them to put it away. You would have no control over that photo and they could use it in a court proceeding. Tell them you will take a photo and sent it to them, and you can focus the image to only thing that matters.

I differ from the attorney on closets. I would not permit that, unless the walls of the closets have leaks or mouse holes. And if that's the case, remove the contents and put them somewhere else and cover them with a sheet or blanket. It's like the police, anything the LL sees must be in plain sight.

Yes, there are rules about lead paint and window guards. Don't fight those even if you don't have kids.

It may not be fun, but the sooner it's over, it's over.

Make sure you have nothing blocking both means of egress. If you have pets in a no-pet building, that's a different discussion. If you have a roommate/family member, it might be good to show the person is really living there - in case you have thoughts of their succession in the future.
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Re: LL Access - Under what circumstances may they have it?

Postby bluegrasslady » Sat Mar 11, 2023 3:48 pm

Thank you, TN.

I do have a cat, one I've had for many years. There is a "no pets" clause in the lease, but half of the building now has cats and even dogs. So I think they've changed their minds about pets.

I like what you said about the closets. None of their business.

I will work with the attorney on making a list of what they can "inspect" to send to the LL. It's a studio (huge though -- pre-war building) so it can't take that long.

Thanks again!
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