Roof Access Discontinued

Tenants complained of a reduction in building-wide services because landlord discontinued access to tenants for recreational use of the roof. After a hearing, the DRA ruled for tenants and reduced their rents. Landlord appealed, arguing that this was a minor condition based on the DHCR's policy allowing for discontinuation of recreational roof use unless either a lease clause provided for such service or landlord had provided formal facilities. The DHCR ruled for landlord. There were no lease clauses providing for use of the roof. And there were no formal roof amenities. The roof had only tiling, railings on the parapets, a metal framework for an awning, and an open air showerhead attached to a pipe. There were metal chairs on the roof, but it was unclear whether landlord or tenants placed them there. Recreational use of the roof as it existed also would be a building code violation.

PIK Record Co.: DHCR Adm. Rev. Dckt. No. QL430063RO (1/25/05) [4-pg. doc.]