In New York City, what laws and rules compel a tenant to grant an owner access to repair or make improvements in a residential unit?
Answer
Under New York City Administrative Code (Housing Maintenance Code) §27-2008 (“Owner’s right of access”), tenants are obligated to allow the owner and its agents access to a residential unit "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." Rules of the City of New York §25-101 ("Owner's Right of Access and Requirements for Notification") defines "reasonable time and... manner" according to whether the repair or improvement is or is not exigent, providing for, inter alia, written notice and minimum periods of advance notice.
For units subject to rent stabilization, Rent Stabilization Code §2523.4(d)(2) sets forth the required procedures in the event that an "owner has attempted, but been unable to obtain access to the subject housing accommodation to correct [a] service or equipment deficiency" complained of by the tenant.
RCNY §11-04(c)(2) sets forth the required procedures in the event that an "an owner claims an inability to gain access to the unit for an inspection" mandated by Local Law 1 (lead paint hazards),
If the foregoing procedures prove futile, the owner may file for injunctive relief in the Supreme Court of the county where the dwelling unit is located. For a recent decision granting such relief under Housing Maintenance Code §27-2008, see Chelsea Hotel Owner LLC v Martin, 2025 NY Slip Op 30074(U).
Finally, note that under HMC §27-2009 ("Tenant violations as grounds for eviction"): "Any conviction of a tenant for violation of this code which: ... [c]onsists of an unreasonable refusal to afford access to the dwelling unit to the owner or his or her agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant."