Loft Unit Doesn't Include Roof

February 1, 1994

LVT Number: 8512

Loft subtenants claimed that, under the Loft Law, they could use the adjacent roof area. The Loft Board ruled against subtenants, and they appealed. The court also ruled against subtenants. Subtenants had no written lease, the lease between tenant and landlord didn't mention the adjacent roof space in question, and there was no proof that either landlord or tenant intended subtenants' rights to include use of the roof space. Subtenants could get access to the roof only by crawling through a window in the loft. The Loft Board's decision against subtenants was reasonable.

Loft subtenants claimed that, under the Loft Law, they could use the adjacent roof area. The Loft Board ruled against subtenants, and they appealed. The court also ruled against subtenants. Subtenants had no written lease, the lease between tenant and landlord didn't mention the adjacent roof space in question, and there was no proof that either landlord or tenant intended subtenants' rights to include use of the roof space. Subtenants could get access to the roof only by crawling through a window in the loft. The Loft Board's decision against subtenants was reasonable.

Ashley v. The New York City Loft Board: NYLJ, p. 26, col. 1 (1/31/94)(App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Ross, Rubin, Williams, JJ)

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