Landlord Wants to Remove Astroturf and Picnic Tables from Roof

January 1, 2001

LVT Number: 14680

Landlord of a hotel-stabilized building added Astroturf and picnic tables to the roof in the mid-1990s during a period when it was renting to a lot of students. It no longer did so and wanted to remove these items from the roof. Landlord asked the DHCR if this would be considered a reduction in required services. In an opinion letter, the DHCR said probably not. The DHCR's policy is that denial of access to a roof for recreational purposes, such as sunbathing, is a minor condition unless a lease clause provides for such access or formal rooftop facilities are provided.

Landlord of a hotel-stabilized building added Astroturf and picnic tables to the roof in the mid-1990s during a period when it was renting to a lot of students. It no longer did so and wanted to remove these items from the roof. Landlord asked the DHCR if this would be considered a reduction in required services. In an opinion letter, the DHCR said probably not. The DHCR's policy is that denial of access to a roof for recreational purposes, such as sunbathing, is a minor condition unless a lease clause provides for such access or formal rooftop facilities are provided. The DHCR advised landlord to file an application to modify or substitute services, to be on the safe side.

DHCR Opin. Ltr. by Charles Goldstein (3/10/00) [3-pg. doc.]

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