Quiet Enjoyment Rights Guide for New York Renters

Privacy Rights & Landlord Entry New York published June 21, 2025 Flag of New York

As a New York renter, you have a right to live in your home free from unnecessary interference from your landlord and others. This core protection, known as the "right to quiet enjoyment," is part of your lease agreement—whether written or oral—and is supported by state law. Understanding what this means can help you protect your peace and privacy at home.

What Does 'Quiet Enjoyment' Mean in New York?

"Quiet enjoyment" refers to your legal right to use your rental property without unreasonable disturbances or intrusions. In New York, this includes protection from:

  • Unauthorized entry by your landlord or others
  • Harassment, intimidation, or retaliatory actions by your landlord
  • Allowing other tenants or third parties to disturb your peaceful living
  • Unaddressed maintenance issues that make your home unlivable

This right is protected even if your lease doesn’t mention it explicitly. Landlords who violate this right may be breaking New York Real Property Law Section 235 [1], which requires landlords to ensure quiet enjoyment for tenants.

Landlord Entry: When Can a Landlord Enter?

Your landlord cannot enter your rental unit at any time for any reason. New York law requires landlords to provide 'reasonable notice' before entering, except in emergencies such as fires or serious leaks. For routine maintenance or inspections, 24 hours' notice is generally considered reasonable.

  • Emergencies: Landlords may enter without notice if urgent action is needed to prevent damage or ensure safety.
  • Routine Inspections/Repairs: Landlords must provide advance notice, usually at least 24 hours.
  • Showings: If you're moving out, landlords must also notify you before showing the unit to potential renters or buyers.

If your landlord repeatedly enters without notice, it may violate your quiet enjoyment rights.

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What to Do If Your Quiet Enjoyment Rights Are Violated

If you feel your rights have been violated—such as repeated unannounced entries, ongoing harassment, or chronic unaddressed repairs—you have several options:

  1. Document the Issue: Keep records of all incidents, including dates, times, and details of any interference.
  2. Contact Your Landlord in Writing: Clearly describe the problem and ask them to stop the behavior or make necessary repairs. Written communication is always recommended as evidence.
  3. File a Complaint: If the problem continues, you can file a formal complaint. In New York City, tenants can report violations to the NYC Department of Housing Preservation and Development (HPD). For tenants outside NYC, contact your local code enforcement office or the state Division of Housing and Community Renewal (DHCR).
  4. Seek Repair and Deduct Relief: In certain cases, New York tenants may be able to withhold rent or make repairs and deduct the cost—always consult the official resources or seek legal guidance before withholding rent.
  5. Apply to the Housing Court: New York State’s residential tenancy disputes are handled by New York City Housing Court (for NYC) or local City, Town, or Village Courts (for other areas). You can file a "Tenant Complaint – HP Action" (Form: HP-1) if essential services are denied or your quiet enjoyment is severely impacted.

Official Form: Tenant Complaint (HP Action) - HP-1

  • Form Name: Tenant’s Complaint – Housing Part (HP Action)
  • When to Use: File this form when your landlord refuses to make legally required repairs or is interfering with your right to quiet enjoyment.
  • How to File: Submit the form in person at your local Housing Court. For more details and to access the form, visit the official New York City Housing Court forms page.

For a practical example: If your landlord frequently enters without notice and ignores your written complaints, fill out the HP-1 form and submit it to Housing Court so a judge can order repairs or require your landlord to respect your rights.

New York Legislation That Protects Your Rights

The right to quiet enjoyment and limits on landlord entry are protected by several laws, including:

These laws help ensure you can feel secure and undisturbed in your rented home.

FAQ: New York Quiet Enjoyment and Entry Rights

  1. What can I do if my landlord keeps coming in without notice?
    If your landlord repeatedly enters your apartment without providing reasonable notice or a valid emergency reason, document each incident, contact your landlord in writing to request they stop, and if the issue continues, file a complaint with local authorities or the Housing Court using the HP-1 form.
  2. Can my landlord evict me for complaining about disturbances?
    No. New York law prohibits landlords from retaliating against tenants for asserting legal rights, including complaints about disturbances or unauthorized entry.
  3. Does my lease have to mention 'quiet enjoyment' for these protections to apply?
    No. The right to quiet enjoyment is automatically included in all residential leases—even if the lease doesn’t spell it out.
  4. Where do I file a complaint if I live outside NYC?
    For tenants outside New York City, contact your local code enforcement office or use the resources at NYS Homes and Community Renewal Tenant Protection Unit.
  5. What are some examples of violating quiet enjoyment?
    Frequent unannounced entries, harassment, letting strangers disturb you, or failing to fix major maintenance issues qualify as violations.

Key Takeaways for New York Renters

  • You have a state-guaranteed right to quiet enjoyment in your home.
  • Landlords must give reasonable notice before entering, except in emergencies.
  • If your rights are violated, document issues, try solving them in writing, and use official forms or court action if necessary.

If you’re unsure about your situation, official government resources and tenant advocacy groups can help guide you through your options.

Need Help? Resources for Renters

  1. New York Real Property Law Section 235 - Quiet Enjoyment
  2. New York Real Property Law Section 226-b - Notice for Landlord Entry
  3. New York State Homes and Community Renewal
  4. New York City Housing Court and Local Town & Village Courts
  5. Housing Court Official Forms

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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