I live in New York City, do I have to let my landlord into my apartment to make repairs?
Answer
Under New York City Administrative Code (Housing Maintenance Code) §27-2008 (“Owner’s right of access”), tenants must give their building owner, as well as the owner's agents and employees, access to their living space "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." The Rules of the City of New York §25-101 ("Owner's Right of Access and Requirements for Notification") requires building owners give tenants written notice of repairs to their units and public areas at least a week advance. If the repair is urgent, the owners do not have to provide written notice, but must contact tenants to notify them in another way, such as by phone, email, or knocking on the door.
If a tenant in a rent-regulated unit makes a complaint to the Division of Housing and Community Renewal about lack of upkeep in the unit, but has not allowed the owner to access the unit to make repairs, the owner can use this in their official response to the complaint, as outlined in the Rent Stabilization Code §2523.4(d)(2).
Building owners must also keep records detailing inspections for lead-based paint, including records of attempts to access units. RCNY §11-04(c)(2) describes the required procedures if "an owner claims an inability to gain access to the unit for an inspection" mandated by Local Law 1 (lead paint hazards),
If building owners aren't able to access apartments to make repairs in spite of following the rules and regulations outlined above, they can file for an injunction in Supreme Court in the county where the unit is located to force the tenant to give them access. 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." In other words, if a tenant continually refuses a building owner or their employees access to his or her unit, the owner can use this as grounds to start an eviction case against the tenant in housing court.