New York Landlord Entry Rules and Tenant Privacy

For rentals covered by General Obligations Law section 7-108(1-a)(d), a tenant-requested inspection before moving out requires at least 48 hours' written notice of its date and time. New York City adds firmer rules: tenants must give access for required repairs and inspections, and the city sets the notice: at least 24 hours for a code-compliance inspection and one week in writing for non-urgent repairs, between 9 a.m. and 5 p.m. on weekdays unless the tenant agrees otherwise.

Statewide: the lease and reasonable notice

The New York Attorney General's tenants' rights guide states the statewide position. Tenants have a right to privacy in their homes. A landlord may enter with reasonable prior notice and at a reasonable time, with the tenant's consent, to make routine or agreed repairs or provide services, or as the lease provides. In an emergency, such as a fire or a water leak, the landlord may enter without notice or consent.

This rests on the lease and on the covenant of quiet enjoyment, the tenant's right to use the home without the landlord's interference. For the general rule, see what quiet enjoyment requires of landlords.

Write an entry clause that states:

• The purposes for entry: repairs, inspections, and showings to buyers, lenders, or new tenants.
• The notice you will give, such as 24 hours in writing when the law does not require more.
• The hours you will enter.
• How you will deliver notice (text, email, or a note on the door).

If a tenant unreasonably withholds consent to a reasonable entry, the Attorney General's guide says you may ask a court for an order allowing entry. Do not enter over the objection. The New York lease disclosure guide covers the other terms a New York lease needs.

New York City: the Housing Maintenance Code access rules

In New York City, the Housing Maintenance Code section 27-2008 says a tenant may not refuse the owner, or the owner's agent or employee, entry to make repairs or improvements required by law or to inspect for code compliance, if entry is at a reasonable time and in a reasonable manner. HPD's access rule, 28 RCNY section 25-101, sets the time and manner:

Other conditions in the rule:

• Notices must be written and dated and must describe the repair or improvement.
• Hours are 9 a.m. to 5 p.m. Tenants do not have to give access on Saturdays, Sundays, or legal holidays. Both limits can be changed if the tenant agrees, and neither applies to urgent or emergency repairs.
• Agents need written authorization. A super, contractor, or manager entering for you must carry your written authorization and show it to the tenant.

HPD's rule sits in its rules for multiple dwellings (buildings with three or more apartments). In a one- or two-family house in the city, using the same schedule is the safest course. If a building has open violations, the New York repair obligations guide explains the correction deadlines that make prompt access matter.

When entry becomes harassment

In New York City, HPD lists repeatedly contacting or visiting a tenant outside business hours, when the tenant has not agreed to it, as harassment. Tenants can report harassment through 311 or HPD's online form, and can bring a harassment case in Housing Court. Rent-stabilized tenants can also complain to New York State Homes and Community Renewal (HCR).

Avoid these patterns, which invite harassment and quiet enjoyment claims:

• Repeated entries or inspections with no repair or code purpose.
• Entering without notice when there is no emergency.
• Showing up outside the hours in your lease or the HPD rule.
• In New York City, sending staff without written authorization.

When a tenant refuses access

A refusal does not let you enter anyway. Your options depend on how the unit is regulated.

Rent-stabilized apartments. Under the New York City Rent Stabilization Code, 9 NYCRR 2524.3(e), you can seek to evict a tenant who unreasonably refused access for necessary repairs or improvements required by law or authorized by HCR, or for an inspection or a showing to a buyer, mortgage lender, or other person with a legitimate interest. For an inspection or showing, the refusal counts only if you gave at least 5 days' notice, offered a time convenient to both of you so the tenant can be present, and the visit does not conflict with the lease. If you mail that notice, the tenant gets 5 more days, 10 in total. You must still serve the required termination notice before filing. If the tenant files an HCR complaint about services but has not let you in to make the repairs, say so in your answer to the complaint. The New York rent stabilization guide covers the other rules for these units.

Good Cause Eviction units. In New York City since April 20, 2024, and in cities, towns, and villages that opted in, Real Property Law section 216 lets you evict or decline to renew only for a listed reason. One reason is a tenant who unreasonably refused access to make necessary repairs or improvements required by law, or to show the unit to a prospective buyer, mortgage lender, or other person with a legitimate interest. In New York City, the small-landlord exemption covers owners of 10 or fewer units statewide; municipalities that opt in can set a different threshold, such as Albany's limit of one unit statewide. Owner-occupied buildings with 10 or fewer units and rent-stabilized apartments are also exempt.

Other units. Repeated refusal can be a lease violation if the lease has an access clause. Outside the rent laws, you can also ask a court for an order requiring access. See the New York eviction process for the notices each type of case needs.

A short access checklist

1. Put the purposes, notice period, hours, and delivery method in the lease.
2. In New York City, send dated written notice at least 24 hours before a code-compliance inspection and one week before non-urgent repairs.
3. Schedule entry between 9 a.m. and 5 p.m. on a weekday unless the tenant agrees to another time.
4. Give every worker your written authorization to show the tenant.
5. For emergencies, try to reach the tenant first, then tell them in writing what you did.
6. Save each notice, the tenant's reply, and any refusal.