What to do if NYC inspectors demand access to your property

Do you have to allow DOB, DHCR, etc. access to your building?

The answer is No IF they don’t have a warrant, BUT:

·        DOB will issue a summons for access. HPD and ECB usually gain access from the tenant

·        Even if you don’t see a warrant, be careful about being hostile toward inspectors.

·        IF DOB is seeking access for an inspection, you are sure to be issued violations. If you refuse access to cure those violations, you'll need to provide access to cure the violations, and once they gain access they will retaliate and issue you even more, and more expensive violations - and DOB is not cheap.

·        If ECB is seeking access to inspect, the same advice applies. You'll get a violation, and to clear it up you will have to provide access – and it will cost you plenty to settle the violation.

·        HPD will take you to court. It will cost you in attorney fees, followed by a possible civil penalty to settle the case.

·        DHCR only comes out when a tenant files a complaint, so access will be provided by the tenant eventually.

·        When DHCR wants access, they will get a court order. If you don't provide access after a violation is written for access, they will get a court order - there are judges whose job is just to sign court orders for access.

This information was derived from www.LandlordsNY.com, an excellent forum for owners of residential real estate in New York City.