Roof Patio Was Required Ancillary Service

Rent-stabilized tenant complained of a reduction in building-wide services after landlord removed a private roof-top patio area that tenant had used for the prior 18 years. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Although tenant had no written agreement with landlord or prior landlord concerning the patio, he presented many pictures showing use of the private patio by his family as well as open placement of tenant's furniture and other personal property on the patio. A chain link fence separated tenant's portion of the roof patio from another user's and tenant paid $855 in 2004 to replace the fence. Two neighbors submitted letters verifying that tenant had long used the roof patio. Tenant proved his long-time, continuous usage of the patio. The patio, located next to tenant's apartment on top of a garage roof, was a required ancillary service included in tenant's rent.

2025 Continental Avenue: DHCR Adm. Rev. Docket No. AR610008RO (1/31/13) [7-pg. doc.]