Roof Access for Sunbathing Not Required

Tenant complained of a reduction in services. She claimed that landlord had previously provided roof access for sunbathing and exercise. The DRA ruled against tenant. Tenant appealed and lost. Tenant had submitted a sworn statement from another tenant who said he used the roof for recreational purposes. But landlord submitted another sworn statement from the same tenant, stating that tenants used the roof without landlord's permission and that, when he saw them, the building super always told them to leave. Landlord showed that there was no such service provided.

Lancaster: DHCR Adm. Rev. Dckt. No. OF410101RT (12/1/00) [4-pg. doc.]