Landlord Can Discontinue Roof Access

Tenant complained of a reduction in services based on landlord's discontinuation of roof access. The DRA ruled against tenant based on tenant's failure to submit sufficient proof of her claim. Tenant appealed and lost. Tenant claimed that he had a roof key since he moved into the apartment, in 1988. He said that there were tables and chairs on the roof, which he used. But tenant admitted that there were no formal services provided on the roof and that nothing in his lease discussed roof access. There was no proof that roof access was a provided service. And discontinuance of recreational roof use or formal roof facilities is a minor condition unless a lease clause provides for such service.

Miller: DHCR Adm. Rev. Dckt. No. TC410072RT (7/21/05) [2-pg. doc.]