Emergency Access and Repairs - Landlords

You may not begin a proceeding in Housing Court either by ex parte application or by Order to Show Cause solely to obtain access to a tenant’s apartment for the purpose of correcting a violation or making a repair, even if the violation or repair is an emergency. For more information, you can read the Civil Court Directive on the subject of Access Orders.

If you are a landlord or owner and emergency repairs are urgently needed to prevent damage to the property or to prevent injury to persons, then you have a right to enter the apartment without advance notice to the tenant. For example, you would have the right to enter the apartment if there was smoke, water or gas coming out of the tenant’s apartment.

In non-emergency situations, you have a right to enter the property to make necessary repairs at reasonable hours with reasonable notice. A tenant is required to give you reasonable access to perform repairs, make improvements, or for the purpose of an inspection. A tenant’s refusal to let you in can be grounds to bring an eviction proceeding. To learn how to start a holdover case by serving a notice of petition and petition, go to Starting A Case.