Can my landlord be charged with violating my privacy?
Full Question:
Answer:
Generally, tenants have the right to privacy within their apartments. A landlord, however, may typically enter a tenant's apartment with reasonable prior notice, and at a reasonable time to provide necessary or agreed upon repairs or services or in accordance with the lease, or to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant.
Most leases require tenants to give their landlords a security deposit, the purpose of which is to reimburse the landlord for the reasonable cost of repairs beyond normal wear and tear, damages to the apartment and unpaid rent.
A lease agreement, if reasonable, is typically enforced as any other contract would be.
The applicable New York statutes are as follows:
§ 223-b Real Prop. Retaliation by landlord against tenant.
1. No landlord of premises or units to which this section is applicable
shall serve a notice to quit upon any tenant or commence any action to
recover real property or summary proceeding to recover possession of real
property in retaliation for:
a. A good faith complaint, by or in behalf of the tenant, to a
governmental authority of the landlord's alleged violation of any health or
safety law, regulation, code, or ordinance, or any law or regulation which
has as its objective the regulation of premises used for dwelling purposes
or which pertains to the offense of rent gouging in the third, second or
first degree; or
b. Actions taken in good faith, by or in behalf of the tenant, to secure
or enforce any rights under the lease or rental agreement, under section
two hundred thirty-five-b of this chapter, or under any other law of the
state of New York, or of its governmental subdivisions, or of the United
States which has as its objective the regulation of premises used for
dwelling purposes or which pertains to the offense of rent gouging in the
third, second or first degree; or
c. The tenant's participation in the activities of a tenant's
organization.
2. No landlord or premises or units to which this section is applicable
shall substantially alter the terms of the tenancy in retaliation for any
actions set forth in paragraphs a, b, and c of subdivision one of this
section. Substantial alteration shall include, but is not limited to, the
refusal to continue a tenancy of the tenant or, upon expiration of the
tenant's lease, to renew the lease or offer a new lease; provided, however,
that a landlord shall not be required under this section to offer a new
lease or a lease renewal for a term greater than one year and after such
extension of a tenancy for one year shall not be required to further extend
or continue such tenancy.
3. A landlord shall be subject to a civil action for damages and other
appropriate relief, including injunctive and other equitable remedies, as
may be determined by a court of competent jurisdiction in any case in which
the landlord has violated the provisions of this section.
4. In any action to recover real property or summary proceeding to
recover possession of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, and c of subdivision one of this
section and further finds that the landlord would not otherwise have
commenced such action or proceeding. Retaliation shall be asserted as an
affirmative defense in such action or proceeding. The tenant shall not be
relieved of the obligation to pay any rent for which he is otherwise
liable.
5. In an action or proceeding instituted against a tenant of premises or
a unit to which this section is applicable, a rebuttable presumption that
the landlord is acting in retaliation shall be created if the tenant
establishes that the landlord served a notice to quit, or instituted an
action or proceeding to recover possession, or attempted to substantially
alter the terms of the tenancy, within six months after:
a. A good faith complaint was made, by or in behalf of the tenant, to a
governmental authority of the landlord's violation of any health or safety
law, regulation, code, or ordinance, or any law or regulation which has as
its objective the regulation of premises used for dwelling purposes or
which pertains to the offense of rent gouging in the third, second or first
degree; or
b. The tenant in good faith commenced an action or proceeding in a court
or administrative body of competent jurisdiction to secure or enforce
against the landlord or his agents any rights under the lease or rental
agreement, under section two hundred thirty-five-b of this chapter, or
under any other law of the state of New York, or of its governmental
subdivisions, or of the United States which has as its objective the
regulation of premises used for dwelling purposes or which pertains to the
offense of rent gouging in the third, second or first degree.
c. Judgment under subdivision three or four of this section was entered
for the tenant in a previous action between the parties; or an inspection
was made, an order was entered, or other action was taken as a result of a
complaint or act described in paragraph a or b of this subdivision.
But the presumption shall not apply in an action or proceeding based on
the violation by the tenant of the terms and conditions of the lease or
rental agreement, including nonpayment of the agreed-upon rent.
The effect of the presumption shall be to require the landlord to provide
a credible explanation of a non-retaliatory motive for his acts. Such an
explanation shall overcome and remove the presumption unless the tenant
disproves it by a preponderance of the evidence.
5-a. Any lease provision which seeks to assess a fee, penalty or dollar
charge, in addition to the stated rent, against a tenant because such
tenant files a bona fide complaint with a building code officer regarding
the condition of such tenant's leased premises shall be null and void as
being against public policy. A landlord who seeks to enforce such a fee,
penalty or charge shall be liable to the tenant for triple the amount of
such fee, penalty or charge.
6. This section shall apply to all rental residential premises except
owner-occupied dwellings with less than four units. However, its provisions
shall not be given effect in any case in which it is established that the
condition from which the complaint or action arose was caused by the
tenant, a member of the tenant's household, or a guest of the tenant. Nor
shall it apply in a case where a tenancy was terminated pursuant to the
terms of a lease as a result of a bona fide transfer of ownership.
§ 235-c Real Prop. Unconscionable lease or clause.
1. If the court as a matter of law finds a lease or any clause of the
lease to have been unconscionable at the time it was made the court may
refuse to enforce the lease, or it may enforce the remainder of the lease
without the unconscionable clause, or it may so limit the application of
any unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any clause
thereof may be unconscionable the parties shall be afforded a reasonable
opportunity to present evidence as to its setting, purpose and effect to
aid the court in making the determination.
§ 235-d Real Prop. Harassment.
1. Notwithstanding any other provision of law, within a city having a
population of one million or more, it shall be unlawful and shall
constitute harassment for any landlord of a building which at any time was
occupied for manufacturing or warehouse purposes, or other person acting on
his behalf, to engage in any course of conduct, including, but not limited
to intentional interruption or discontinuance or willful failure to restore
services customarily provided or required by written lease or other rental
agreement, which interferes with or disturbs the comfort, repose, peace or
quiet of a tenant in the tenant's use or occupancy of rental space if such
conduct is intended to cause the tenant (i) to vacate a building or part
thereof; or (ii) to surrender or waive any rights of such tenant under the
tenant's written lease or other rental agreement.
2. The lawful termination of a tenancy or lawful refusal to renew or
extend a written lease or other rental agreement shall not constitute
harassment for purposes of this section.
3. As used in this section the term "tenant" means only a person or
business occupying or residing at the premises pursuant to a written lease
or other rental agreement, if such premises are located in a building which
at any time was occupied for manufacturing or warehouse purposes and a
certificate of occupancy for residential use of such building is not in
effect at the time of the last alleged acts or incidents upon which the
harassment claim is based.
4. A tenant may apply to the supreme court for an order enjoining acts or
practices which constitute harassment under subdivision one of this
section; and upon sufficient showing, the supreme court may issue a
temporary or permanent injunction, restraining order or other order, all of
which may, as the court determines in the exercise of its sound discretion,
be granted without bond. In the event the court issues a preliminary
injunction it shall make provision for an expeditious trial of the
underlying action.
5. The powers and remedies set forth in this section shall be in addition
to all other powers and remedies in relation to harassment including the
award of damages. Nothing contained herein shall be construed to amend,
repeal, modify or affect any existing local law or ordinance, or provision
of the charter or administrative code of the city of New York, or to limit
or restrict the power of the city to amend or modify any existing local
law, ordinance or provision of the charter or administrative code, or to
restrict or limit any power otherwise conferred by law with respect to
harassment.
6. Any agreement by a tenant in a written lease or other rental agreement
waiving or modifying his rights as set forth in this section shall be void
as contrary to public policy.