Landlord Entered Without Notice - New York (55 replies)

My landlord let himself into my apartment yesterday while I was at work. My neighbor texted me that she saw him going in with a contractor. No notice whatsoever - I didn't even know anyone was coming.

I've been in this rent-stabilized apartment in Crown Heights for 4 years. When I got home, I found they had been in my bedroom measuring for windows (there's a building-wide window replacement project supposedly happening).

Questions:

• Is this legal in New York?
• How much notice is required by law?
• What can I do about this?

I feel completely violated. My underwear drawer was open (I always keep it closed) and I have no idea if they went through my stuff.

Similar thing happened to me in Astoria last year. Landlord came in to "check the radiators" with zero notice. I was actually home and half-dressed when he walked in with his keys.

I filed a complaint with 311 and also sent a certified letter demanding 48-hour written notice for all future entries. Since then, he's been much better about it.

Document everything. Dates, times, what was disturbed. You'll want this if it becomes a pattern.

This thread is making me realize how lucky I am. My building management always sends an email at least a week in advance for any planned maintenance, then a reminder 48 hours before, and they always knock and announce themselves even when entering for scheduled work.

But I've had friends in smaller buildings with individual landlords who deal with this constantly. One friend in Washington Heights had her landlord walk in on her in the shower because "he forgot she was home."

@legally_confused_5 - definitely send that certified letter. Create a paper trail.

OP, just wanted to share my experience as a fellow NYC tenant who went through this.

My landlord used to come by whenever he wanted - claimed he was "checking on the building." Third time it happened (found him in my kitchen at 7am on a Saturday), I called the police non-emergency line. They came out, spoke with him, and explained that entering without permission or notice could be considered trespassing.

He was shocked that the cops would even show up for something like this. But they told him that a tenant's home is their home, period. He's given proper notice ever since.

I'm not saying call the cops for every incident, but if it becomes a pattern, it's an option.

HP ACTION UPDATE: Had my hearing today at Brooklyn Housing Court.

The judge was very sympathetic. She noted that two unannounced entries within two months, after a written demand for notice, shows a "pattern of disregard for tenant privacy."

The court order requires:

• Minimum 48 hours written notice for all non-emergency entries
• Notice must specify date, time window (max 4 hours), and purpose
• Landlord or his agents must knock and wait for response before entering even with scheduled appointment

My landlord was NOT happy but his attorney told him to agree rather than fight it. Small victory but it feels good to have it in writing from a judge.

Excellent outcome @legally_confused_5. This thread has been a great resource and I'm glad it ended well.

For anyone finding this thread in the future, here's my summary of key takeaways:

1. Know your location: NYC has stronger protections than upstate. If you're in NYC, you have HPD, housing court, and a body of case law supporting tenant privacy.
2. Read your lease: Whatever notice requirement is in your lease is contractually binding. If it says nothing, "reasonable notice" (typically 24-48 hours) is implied.
3. Document everything: Dates, times, photos, witnesses. You'll need this if you go to court.
4. Communicate in writing: Certified letters create a paper trail that's hard to dispute.
5. Use the legal system: HP actions in NYC are designed for exactly these situations. Don't be intimidated.
6. Emergency exception: Landlords CAN enter without notice for genuine emergencies (fire, flood, gas leak). Don't be unreasonable about those.

Good luck to all the NY tenants out there dealing with this issue.