Landlord Removed Tenant's Roof Deck

Rent-stabilized tenant complained of a reduction in services after landlord removed the roof deck outside his apartment. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the roof deck wasn’t part of tenant’s apartment, but part of the roof system and fire exit, accessible only through the hallway without direct access by tenant. But the private deck was attached to tenant’s apartment and included in her rent for 22 years. And although there was no proof that the roof deck was listed in tenant’s initial lease, which may have been lost, a contract for apartment renovation work showed that the roof deck extension was added for the apartment in 1985.

Torabkhan: DHCR Adm. Rev. Docket No. XI410003RO (3/26/10) [2-pg. doc.]