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Landlord Inspections - What are my rights?

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

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Landlord Inspections - What are my rights?

Postby drosev » Thu Apr 27, 2023 3:00 am

For context - I live in a rent stabilized unit, in a 6-unit building that was privately owned when I signed my lease in 2021. Old landlord was great, I always pay on time, didn’t have any problems.

A few months ago we were notified the building was sold to a real estate development company. Myself and my neighbors were contacted and offered some cash to break our leases and move out. A few neighbors took the offer, but myself and the others who live in rent stabilized units did not. New landlord immediately starts flipping the now vacant units, updating some finishes and appliances and then charging $1000+ more per month for them.

About once every two months, I’ll be contacted by the new landlord office about my unit being “inspected.” I’m given the minimum 24 hour notice for access to the units per my lease, so sure. When the inspectors come they walk around my apartment and take photos of seemingly everything - a little discomforting because obviously these photos include all of my personal possessions. It almost seems like they’re doing a survey of the unit. I’ve asked them what the inspections are for, and I’m given vague answers about checking the condition of the apartment.

This week my landlord requested to inspect the unit, and I had a last minute work trip come up so I was unable to be present while the apartment was inspected. I do have a security camera in my apartment, so decided to check it while I was out. I see the two “inspectors” in the apartment, and one of them takes out a hammer and uses it to create a fist-sized hole in the wall. They bag some of the plaster and the two people leave.

Hammering a hole in the wall was certainly not communicated to me as part of the inspection. I contacted my landlord’s office when I returned back to my unit, raising a stink about the hole - like demanding what type of inspection required hammering a hole, what was the plan to fix the hole because it’s obviously not my responsibility, hammering holes in the wall and just leaving them there without any communication is not acceptable, etc. I get a vague apology response with a promise to fix the hole this weekend, but no real answers to my questions.

All of this to say, this entire situation feels strange. Obviously my landlord wants me out and is seemingly surveying my apartment for future construction work? Forgive my ignorance, but what are my rights here? Are they allowed to do these types of “inspections” - like photographing the entire unit, and hammering holes in the walls? Do I have any grounds to refuse access to my unit if these inspections are feeling more invasive than standard inspections to verify the condition of the unit? Is there a way they can suddenly kick me out to do the construction work they’re seemingly preparing to do? Any insight is appreciated
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Re: Landlord Inspections - What are my rights?

Postby TenantNet » Thu Apr 27, 2023 4:02 am

Development company, well you have problems right here in River City. Usually their intent is to get rid of all RS tenants by any means they can, rent to market rate tenants or demolish the building and build something new, mediocre and for vapid tenants. It depends, but I'd start looking at who this company is. Research is everything.

Flipping the units and not maintaining RS status. After June 2019 that's likely illegal. The rent increases for improvements are also much more restricted. If there are new tenants paying huge amounts, I'd tell them to look at the law on that.

Access, well they can to a point. Read these two threads, all of the posts:

http://tenant.net/phpBB3/viewtopic.php?f=15&t=4837
http://tenant.net/phpBB3/viewtopic.php?f=15&t=7789

The first one is what really matters. Also search this forum for "access" as we've discussed this many times.

Understand the rules for repairs are one thing, and the rules for inspection are something else.

In our view, what matters is the law, not your lease (although don't ignore the lease, but LLs often write leases with unenforceable clauses). It may also depend on how you were notified. Does your lease say all notices must be by certified mail? Some do.

Also understand that if they demand a date, you can counter the offer with another date or dates, and you can specify a window of time (I generally offer two hours, although I'm flexible if they call ahead and say they are running late). I see it as a negotiation.

In our view, there is no appointment unless both sides agree.

Who is doing the inspection and how many? That's important. And you don't have to let them take photos (unless they have a court order). Never let any inspection occur unless you are there (even if you have to leave unexpectedly ... call and tell them it's off and they will need to reschedule).

VERY IMPORTANT ... they must specify - in writing - what rooms they wish to inspect and what items they wish to see. You can cover or hide things you don't want them to see. If it's not on the agreed list, don't let them see it. Things like drawers and closets are off limits in my view. While you can record with audio or video, you don't have to tell them you are doing so (as you did). It's your apartment and NY is a one-party state. Only one party - you - must agree to the recording (however understand that submitting a recording as evidence in court is a different thing altogether.

I'm not sure what the hole and plaster were for. Asbestos maybe? But the inspection not for repairs or alterations, so I would demand an explanation and full repair if they didn't do that. If they don't repair right away, you have remedies.

Do not let them push you around.

But understand at some point they will accuse you of refusing access (I would change the locks just in case). That is why you must document everything they do or request. Keep envelopes of letters (postmarks). Keep recordings of phone calls and log dates/times, etc.

My LL often claims denial of access, to which my response is follow the rules and you get access.

As to the frequency of the inspections, I don't know if there's a hard-and-fast rule. If you need certain repairs, they may need to see the problem first to see what they need to do. That's reasonable. But general inspections, in my view, anything more than once a year is too much. They might say "it's the law." You say, "show me the law."

Construction work, is it inside or outside your unit? That's an entire different discussion. NEVER agree to temporarily relocate unless you have an ironclad agreement to return negotiated by a tenant attorney. They need approved and posted permits and probably licensed workmen for plumbing and electrical. You probably have more leverage in such cases.

"Relocation" has been discussed on this forum occasionally. Search for it.
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