Stopping Unannounced Landlord Visits in New York

As a renter in New York, you have a right to privacy in your home. Dealing with landlords who show up without notice can disrupt your daily life and make you feel uncomfortable. Understanding your legal protections—and what you can do if your landlord repeatedly enters without permission—is key to feeling secure in your living space.

Your Right to Privacy in New York Rentals

New York State law gives tenants solid privacy protections. While landlords may need access to your apartment for repairs or inspections, they generally must give you reasonable advance notice—usually at least 24 hours—before entering, except in emergencies.

• Landlords must give at least 24 hours written or verbal notice for inspections, repairs, or to show the apartment to prospective tenants or buyers.
• No notice is required only in true emergencies (like fire, burst pipes, or safety threats).

These rules are in place under New York State Real Property Law Section 235-f and related housing codes.^[1]

If Your Landlord Enters Without Notice

Unannounced visits—unless there’s an emergency—violate your right to quiet enjoyment and privacy. If this happens, it’s important to document every incident, communicate clearly, and know your official options. Here are practical steps New York renters should take:

1. Document Every Incident

• Keep a dated log every time your landlord enters without notice.
• Write down details: who was present, time and date, what the landlord did or said.

2. Notify Your Landlord in Writing

• Send a polite but firm letter or email requesting that all future entries comply with New York law.
• State that you expect at least 24 hours’ advance notice, unless it’s an emergency.

3. File a Complaint If Problems Continue

• If your landlord ignores your notice, you can submit a formal complaint to the New York State Division of Housing and Community Renewal (DHCR).
• The main form for this situation is the Tenant’s Statement of Complaint(s): Harassment (DHCR Form RA-60H).

Relevant Official Form

• Name: Tenant’s Statement of Complaint(s): Harassment (DHCR Form RA-60H)
• When to Use: If your landlord repeatedly enters without notice or is otherwise harassing you.
• How to Use: Complete the form with a detailed account of the incidents, attach supporting evidence, and submit it to DHCR.
• Get the official harassment complaint form (RA-60H)

New York handles most tenant complaints through the Office of Rent Administration (ORA) at DHCR.^[2]

4. Consider Contacting a Local Housing Court

• If unannounced visits persist, you may seek relief through the New York Housing Court.
• You can file an "Order to Show Cause" for violation of your right to quiet enjoyment.

Always seek official legal guidance for court action. The court may direct your landlord to stop unauthorized entries and respect your rights.

Understanding New York Law: Landlord Entry and Tenant Protections

Landlords’ right to enter is governed by several New York laws, primarily:

• Real Property Law § 235-f (Roommate Law): Covers privacy and occupancy rights.
• Real Property Law § 235: Outlines peaceful enjoyment protections.
• Local New York City codes may add further requirements.

These laws are designed to protect your home life. Persistent violations by your landlord may count as harassment under New York State law.

Common Renter Questions About Stopping Unannounced Landlord Entry

1. What counts as "reasonable notice" for landlord entry?
   In most cases, landlords need to give at least 24 hours’ advance notice to enter, except in emergencies like fire or flooding.
2. What should I do if my landlord keeps coming in without notice?
   Document each incident, notify your landlord in writing, and if it continues, use the official DHCR complaint form to report harassment.
3. Can I refuse entry if my landlord gives no notice?
   Yes, unless it’s an emergency. Politely remind your landlord of your rights and put your refusal in writing for your records.
4. Who handles tenant complaints about landlord harassment in New York?
   The Office of Rent Administration at DHCR oversees tenant complaints, including those about illegal entry and harassment.

Key Takeaways

• New York protects your right to privacy and "quiet enjoyment" in your home.
• Landlords must give reasonable notice—24 hours—in non-emergency situations.
• If your landlord enters without notice, document it, notify them in writing, and use the official complaint process if needed.

Knowing your rights and using the proper steps can help stop unwanted landlord visits and keep your home a safe space.

Need Help? Resources for Renters

• New York State Office of Rent Administration (DHCR) – Tenant complaints, forms, and guidance
• File a Tenant Complaint with DHCR
• New York City Housing Court – For resolving housing disputes
• NYC Department of Housing Preservation and Development (HPD) – Resources for Renters
• LawHelpNY: Free Legal Resources for New York Tenants

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1. New York Real Property Law § 235-f (Roommate Law and privacy)
2. New York State Division of Housing and Community Renewal (DHCR) - Tenant Resources

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