Roof Space

August 31, 2001

LVT Number: 15280

Tenant complained of a reduction in services based on a reduction in useable roof space. The DRA ruled against tenant. Tenant appealed, showing that a prior DHCR order found that a portion of the roof was part of what tenant paid for in his rent and that he was entitled to exclusive use of that portion. The DHCR ruled for tenant. Since the DHCR had already ruled that tenant's use of the roof was a required service, any reduction in that service warranted a rent reduction.

Tenant complained of a reduction in services based on a reduction in useable roof space. The DRA ruled against tenant. Tenant appealed, showing that a prior DHCR order found that a portion of the roof was part of what tenant paid for in his rent and that he was entitled to exclusive use of that portion. The DHCR ruled for tenant. Since the DHCR had already ruled that tenant's use of the roof was a required service, any reduction in that service warranted a rent reduction.

DeTagyos: DHCR Adm. Rev. Dckt. No. OI910021RT (7/17/01) [3-pg. doc.]

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