Q: I stay in a rent-stabilized condo in Manhattan in a constructing made up principally of market-rate housing. Constructing workers have been recognized to entry flats with out notifying the tenant and for no obvious motive, resembling a service ticket or emergency difficulty. If I be taught that workers have entered my condo with out warning, what are my rights? What ought to I do if the constructing administration doesn’t handle this?
A: Constructing workers can’t simply stroll into your lease stabilized condo for any motive with out notifying you.
An exception to this rule is a significant emergency, resembling a fuel leak or critical water leak, the place ready to make repairs would harm the constructing or develop into unsafe for tenants or workers.
Even on this case, the place advance written discover just isn’t required, the constructing proprietor ought to try to contact the tenant by knocking on the door, calling or emailing earlier than shifting in, stated Ami Shah, deputy director of housing citywide apply at Authorized Companies New York.
There are different circumstances that enable landlords and constructing workers to enter your condo, however as a common rule, they need to notify the tenant prematurely, Ms. Shah stated.
They will are available to examine or perform repairs or to point out the flat to potential tenants. If inspection entry is required for repairs, the owner should present at the very least 24 hours discover. To make the repairs, the proprietor should give at the very least one week’s discover, and the discover have to be in writing, Ms. Shah stated.
You would contemplate putting in a digital camera in your condo to create a file of undesirable guests.
“Unauthorized entry by constructing personnel with out obvious motive is a violation and must be reported to the owner, constructing administration and the police,” stated David A. Kaminsky, a Manhattan actual property lawyer.
Lease stabilized tenants may file a complaint with the state Division of Housing and Neighborhood Renewal, saying they have been harassed by constructing staff who trespassed into their flats.
In excessive instances, you’ll be able to apply to the housing courtroom to acquire an order to cease the unlawful entries and search compensation. If a constructing workers member enters your condo and you’re lacking private property or there’s harm to your condo, you may additionally have a declare towards the superintendent or landlord.
Market-rate tenants might have leases that embody different guidelines about entry and the way a lot time it have to be granted.
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