Roof Access Violated Building's C of O

Tenants complained of reduced services, claiming that landlord discontinued their access to the laundry and recreation facilities on the roof. The DRA found no decrease in services, and tenants appealed. Landlord argued that it had substituted a basement laundry facility for the roof facility, and that recreational use of the roof was illegal. The DHCR upheld the DRA's ruling. Recreational use of the roof violated the certificate of occupancy (C of O), so it can't be considered a required service. And adequate laundry facilities had been available elsewhere in the building since 1955, so access to the roof for use as an open-air drying area wasn't a required service.

Ettinger: DHCR Adm. Rev. Dckt. No. CI 410009-RT (11/10/94) [5-page document]